Court Ruling Could Massively Curb Health Care Litigation: What Behavioral Health Operators Should Know

Behavioral Health Business October 18, 2024
Matthew Blake

A Florida federal court ruling issued last month could lead to a “massive sea change” in what lawsuits can be brought against behavioral health companies.

That is the interpretation of Gregory Jones, a principal at the law firm Polsinelli’s Los Angeles office, who represents health care companies, including in False Claims Act (FCA) cases.

FCA deputizes whistleblowers to file lawsuits against companies that fraudulently, or simply erroneously, bill the government for services rendered. These include hundreds of cases each year against health care providers that seek Medicare or Medicaid reimbursement.

However, a ruling by Florida Judge Kathryn Kimball Mizelle found that the False Claims Act’s statute deputizing an individual to act on behalf of the executive branch is unconstitutional.

Mizelle...

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