A Federal Court and the Department of Justice Consider the Materiality of the Stark Law’s “Signed Writing” Requirement

Joshua Buchman, Tony Maida, Daniel Melvin, Joan Polacheck and Rebecca Waltuch wrote this bylined article on the Emanuele ruling, the first by a district court to affirm that a false writing certification of compliance with Stark Law exception(s) is material to receiving Medicare reimbursement. This means, the authors wrote, that the Justice Department will continue using the signed writing requirement to assert FCA liability.