Appreciating knowledge under the False Claims Act post-SuperValu

Physicians Practice November 27, 2023
Rachel V. Rose, JD, MBA

Ignorance of the law is no excuse.

By now, healthcare industry participants, through their counsel and their compliance officers, are likely aware of the False Claims Act (“FCA”) case and the Supreme Court’s unanimous decision in United States ex rel. Schutte v. SuperValu,Inc., 598 U.S. 739 (2023) (hereinafter “SuperValu”). The Supreme Court held that, “[t]he FCA’s scienter element refers to a defendant’s knowledge and subjective beliefs – not what an objectively reasonable person may have known or believed.”

For those who may be unfamiliar with the FCA, the statute, which is rooted in the common law, establishes a three-part definition of “knowingly”. 31 U.S.C. §3729(b)(1)(A) defines “knowingly” as actual knowledge deliberate disregard for the truth or falsity of the information,...

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