That’s material.

Originally published by David Coale.

The relator in Lemon v. Nurses to Go., Inc. alleged violations of the False Claims Act about several aspects of the defendants’ hospice-care services. Applying Universal Health Services v. United States ex rel. Escobar, 136 S.Ct. 1989 (2016), the Fifth Circuit reversed the district court’s finding that the issues were immaterial, finding that they (1) related to conditions of payment; (2) the government would have enforced those conditions had it known of the problems identified by relators; and (3 the issues were not “minor or insubstantial.” No. 18-20326 (May 7, 2019).

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