Extract from Weiner Brodsky Kider PC’s article “DOJ Defends the Use of Statistical Sampling in FCA Case”
The DOJ recently submitted a statement of interest defending statistical sampling in a False Claims Act qui tam action against a national healthcare company in the Southern District of Indiana. The DOJ, after declining to intervene in the case, challenged the Magistrate Judge’s Discovery Order regarding the use of statistical sampling.
The FCA prohibits one from knowingly presenting, or causing to be presented, false or fraudulent claims for payment or approval to the government. The relators, who filed the qui tam action, allege that the defendants violated the FCA by unnecessarily admitting patients to long-term care facilities, manipulating patients’ length of stay, and falsifying diagnoses.
