The Doctor Knows Best?: Reconsidering the Role of Expert Discretion in the False Claims Act

Abstract

In 2021, the Supreme Court denied certiorari in Care Alternatives v. United States, leaving open a circuit split regarding the intersection of expert testimony and the falsity element of the False Claims Act. This uncertainty could lead to significant civil liability not only for Medicare/Medicaid service providers, but also for any private parties that receive money from the federal government. This Note outlines three potential solutions that can resolve this circuit split to balance between the interests of the federal government in countering fraud from the contracting process, and the interests of private sector firms in facilitating ease of doing business with the public sector.