Morgan Lewis partner Kathleen McDermott was interviewed for a Home Health Providers article about the implications of the US Court of Appeals for the Eleventh circuit’s recent decision in United States vs. Asera Care. “This was the pivotal issue, whether a doctor looking at a file — or any expert looking at the cold record — could simply disagree with the prior physician’s certification and that alone would constitute falsity under the False Claims Act,” Katie said. “I think this is going to impact how investigations are done across the board in health care. Sloppy, throw-it-together evidence gathering is not going to work as well in this context.”