AdvaMed Asks U.S. Supreme Court to Affirm Government’s Authority to Dismiss Qui Tam Suits
WASHINGTON, D.C. — The Advanced Medical Technology Association (AdvaMed) has asked the U.S. Supreme Court to affirm a Third Circuit decision that confirms the government’s right to dismiss qui tam suits under the False Claims Act (FCA).
The case arises from a qui tam suit alleging that the respondent, Executive Health Resources, enabled hospitals to certify inpatient services when, under Medicare rules, those services should have been outpatient. The government investigated the allegations for two years before declining to intervene. When the relator failed to narrow the suit’s claims, the government decided to dismiss the action. The Third Circuit affirmed the decision, and the U.S. Supreme Court granted review.
AdvaMed believes the government’s authority to dismiss the case is critically important, even in cases in which the government initially declined to intervene. Without the government’s authority to dismiss, or when that authority is improperly restricted, relators are enabled to pursue FCA cases even when the government believes it has not been defrauded, and regulatory agencies do not believe action is warranted.
“Administrative agencies, including FDA, oversee highly technical regulatory frameworks, including the one governing medical devices – clearly, the government must retain authority to dismiss FCA claims that undermine FDA’s authority,” said Pat Fogarty, Deputy General Counsel & Senior VP of Legal at AdvaMed. “A contrary ruling by the Court would materially weaken the government’s ability to police litigation that encroaches on the authority of regulatory agencies.”
Read a copy of the AdvaMed amicus brief. Douglas H. Hallward-Driemeier of Ropes & Gray LLP served as Counsel of Record on behalf of AdvaMed.
# # #
AdvaMed is the world’s largest medical technology association, representing device, diagnostics, and digital technology manufacturers that are transforming health care through earlier disease detection, less invasive procedures, and more effective treatments.