Senator Chuck Grassley Introduces Bipartisan Amendments to False Claims Act Aimed at Clarifying “Confusion” Over Materiality Standard

Senator Chuck Grassley (R-IA) has introduced the False Claims Amendments Act of 2021, section 2 of which would provide that defendants “may rebut an argument of materiality” as to an allegedly false claim submitted to the government for payment “by clear and convincing evidence.” The materiality element has presented defendants with a key defense strategy ever since the United States Supreme Court held in its landmark Universal Health Services, Inc.