Ninth Circuit Rejects “Objective Falsehoods” Standard and Finds that False Certification of Medical Necessity May Give Rise to FCA Claim

On March 23, 2020, the Ninth Circuit rejected the conclusion that a mere difference in clinical judgment is insufficient to show “objective falsity.” In issuing this decision, Ninth Circuit joined the Fifth, Tenth, and Third Circuits in lowering the pleading standard for qui tam relators, holding that the False Claims Act (FCA) does not require relators to plead objective falsehoods and that false certification of medical necessity may give rise to FCA liability. Winter ex rel.