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News/Compliance & Enforcement/AseraCare is Here! And In Our Clinical Judgment, the Eleventh Circuit is Not Objectively Wrong
Expert Opinion·Compliance & Enforcement Brief

AseraCare is Here! And In Our Clinical Judgment, the Eleventh Circuit is Not Objectively Wrong

Most False Claims Act (“FCA”) watchers have known that AseraCare was coming.  The case addresses a common question in health care fraud cases: when, if ever, can a doctor’s clinical judgment regarding a patient’s prognosis be “false”?  After a tortured procedural history,…

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