On January 31, 2019, the law firm of Bass, Berry & Sims released its “Healthcare Fraud and Abuse Review 2018.” According to the firm’s press release, “Healthcare providers remain under close scrutiny by regulators amid uncertainty at the highest levels of government, regulatory developments impacting the enforcement environment, and key cases interpreting the False Claims Act (FCA).”

The press release noted, “Federal courts are expected to continue to grapple with the Supreme Court’s opinion in Universal Health Services, Inc. v. U.S. ex rel. Escobar, which already has upended more than $1 billion in jury verdicts involving FCA claims. Litigants are expected to continue to seek review of key appellate decisions involving Escobar and its treatment of the FCA’s materiality requirement.