Supreme Court rules whistleblowers have up to 10 years to file under the FCA

Whistleblowers who file a lawsuit within three years of reporting an alleged fraud to a responsible government official may have up to 10 years after the alleged fraud occurred to file a lawsuit under the False Claims Act, the Supreme Court ruled today in Cochise Consultancy, Inc. v. United States ex rel. Hunt. Most federal courts have previously said a whistleblower had only six years to file such claims. Today’s ruling could make discovery against government agencies more routine in declined FCA cases, said AHA outside counsel Jonathan Diesenhaus, a partner at Hogan Lovells. “Like the Supreme Court’s Escobar decision two years ago, this new decision underscores how important it is to keep track of what the government knew and when they knew it, because internal government awareness and analysis of a hospital’s complex billing questions could be that hospital’s best defense to allegations of fraud or false claims,” Diesenhaus said.