id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
ihlr-22946	Boyadzieva, Natasha	The False Claims Act and the Escobar Decision: What Is on the Horizon for the Healthcare Industry	2019	20	.pdf	application/pdf	9557	549	59	Kersulis v. RehabCare Grp., Inc., 2007 WL 294122 (E.D. Ark. Jan. 29, 2007) (holding that summary judgment was appropriate for the defendants because CMS did not provide any formal guidance regarding the interpretation of the relevant but unclear FCA regulations, and there was no evidence to show that the hospital knowingly provided false information or caused false claims to be submitted to the federal government). Unlike medical malpractice, FCA has the scienter requirement of intentional misrepresentation that extends to encompass gross negligence or reckless disregard but not negligence alone.41 Furthermore, many health and safety matters are of local concern and are left in the purview of the individual state legislation; they are not appropriate for imposing the federal FCA liability.42 C. False Certification Theory: Express and Implied Certification There are two categories of false claims under the FCA: a factually false claim and a legally false claim.43 A claim is factually false when the claimant misrepresents what goods or services it provided to the Government while a claim is legally false when the claimant knowingly falsely certifies that it has complied with a statute or regulation the compliance with which is a condition for 36.	cache/ihlr-22946.pdf	txt/ihlr-22946.txt