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Intermountain takes its challenge of False Claims Act to the Supreme Court

January 18, 2019 / Tina Reed

Intermountain Healthcare is trying to take its ongoing challenge of the False Claims Act (FCA) to the Supreme Court. The Salt Lake City-based health system has asked the court to review a decision by the 10th Circuit Court of Appeals, claiming the FCA violates the Appointments Clause of the Constitution. Specifically, they've pointed to whistleblower provisions which allow individuals to file fraud claims against health systems in the place of government officials. Intermountain described the FCA as a problem that unfairly plagues the industry the way it has been applied. Individuals file 600 such cases annually, the system said in its petition. "Due to the time- and cost-intensive discovery that most FCA actions require, defendants typically move to dismiss."