AHA, others urge U.S. Supreme Court to review 6th Circuit FCA decision

The AHA, joined by the Federation of American Hospitals, Michigan Health & Hospital Association, Kentucky Hospital Association, Ohio Hospital Association and Tennessee Hospital Association today urged the U.S. Supreme Court to review and rectify a 6th Circuit Court of Appeals decision that will vastly expand hospitals’ exposure to False Claims Act retaliation lawsuits, sometimes years after an employee has left their position.

“By distorting the FCA’s text to permit retaliation claims by former employees, for conduct years after their employment ceased, the Sixth Circuit erroneously exposes employers to virtually-unbounded retaliation liability,” the groups wrote in an amicus brief in support of the petitioner, William Beaumont Hospital.