Back to Basics with the Original Source: Pre-ACA Public Disclosure Bar

The 2010 amendments to the Affordable Care Act altered the False Claims Act's public disclosure bar, but due to the FCA's sealing provision–which can result in cases being kept under wraps for years–pre-ACA law must sometimes be applied. In September, the Eighth and Fifth Circuits each examined the question of what it means to be a pre-ACA “original source,” which can save claims that would otherwise be subject to dismissal under the public disclosure bar.