March 23, 2001
AAMC Submits Amicus Brief in False Claims Act Case
On March 15 the AAMC and other associations submitted an amicus brief to the Second Circuit Court of Appeals in the case of U.S. ex rel. Mikes v. Straus. In that case, the plaintiff alleged a violation of the False Claims Act (FCA) by claiming that the services for which defendants billed Medicare did not comply with the relevant standard of care. The lower court granted defendants summary judgment, saying in part that "[s]ubmitting a claim to the Government for a service that was not provided in accordance with the relevant standards of care, . . . without more, does not render that claim false or fraudulent for FCA purposes." The plaintiffs have appealed the lower court decision. The AAMC's brief argued that the lower court holding was correct. The brief also argued that if the plaintiff's expansive interpretation of the False Claims Act is adopted by the court, it would effectively transform the FCA into a federal malpractice statute.
Information: Ivy Baer, AAMC Division of Health Care Affairs, 202-828-0490.
