No. 20-371

Care Alternatives v. United States, et al.

Lower Court: Third Circuit
Docketed: 2020-09-23
Status: Denied
Type: Paid
Amici (2)Response RequestedRelisted (2) Experienced Counsel
Tags: circuit-split clinical-judgment false-claims-act hospice-care life-expectancy medical-certification medicare medicare-claims physician-opinion
Latest Conference: 2021-02-19 (distributed 2 times)
Question Presented (from Petition)

Whether a physician's honestly held clinical judgment regarding hospice certification can be "false" under the False Claims Act based solely on a reasonable difference of opinion among physicians.

Question Presented (AI Summary)

Whether a physician's honestly held clinical judgment regarding hospice certification can be 'false' under the False-Claims-Act based solely on a reasonable difference of opinion among physicians

Docket Entries

2021-02-22
Petition DENIED.
2021-01-27
DISTRIBUTED for Conference of 2/19/2021.
2021-01-26
Reply of petitioner Care Alternatives filed. (Distributed)
2021-01-08
Brief of respondents New Jersey ex rel. Victoria Druding, et al. in opposition filed.
2020-12-11
Motion to extend the time to file a response is granted and the time is extended to and including January 8, 2021.
2020-12-07
Motion to extend the time to file a response from December 9, 2020 to January 8, 2021, submitted to The Clerk.
2020-11-09
Response Requested. (Due December 9, 2020)
2020-11-04
DISTRIBUTED for Conference of 11/20/2020.
2020-10-23
Brief amici curiae of Hospice, Health Care, and Physician Organizations filed.
2020-10-23
Brief amici curiae of Chamber of Commerce of the United States et al. filed.
2020-09-16
Petition for a writ of certiorari filed. (Response due October 23, 2020)

Attorneys

Care Alternatives
Paul D. ClementKirkland & Ellis LLP, Petitioner
Chamber of Commerce of the United States et al.
John Patrick ElwoodArnold & Porter Kaye Scholer LLP, Amicus
Hospice, Health Care, and Physician Organizations
Bryan Kenneth NowickiHusch Blackwell LLP, Amicus
New Jersey ex rel. Victoria Druding, et al.
Ross BegelmanBegelman & Orlow, Respondent