Andrew Hurst

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Health care providers are under constant threat of lawsuits brought by whistleblowers under the federal civil False Claims Act, 31 U.S.C. §§ 3729, et seq. (FCA), the statute under which the government obtains most judgements against providers. These qui tam lawsuits can be costly even where they lack any merit, and counsel for providers are always on the lookout for defenses that can end these expensive lawsuits sooner rather than later. One of these defenses,…