title: Nursing home quality-of-care cases after Mikes v. Straus.
abstract: The quality of care rendered to residents of nursing facilities continues to gain attention from legislators, regulators, and the courts. Advocates for improvements in the quality of care by government-funded healthcare providers have identified the False Claims Act (FCA) as a potent tool. The Second Circuit decision in Mikes v. Straus might be viewed as a barrier to FCA claims against nursing facilities. Any impediment imposed by this decision, however, is limited by the facts of the case; the authors believe that carefully-crafted pleadings can enable litigants to rely upon the FCA in pursuing quality-of-care claims against nursing facilities.
authors.affiliation: Medicaid Fraud Control Unit, Office of the Inspector General, Government of the District of Columbia, Washington DC, USA.
authors.forename: Stuart I
authors.initials: SI
authors.lastname: Silverman
authors.forename: Sidney
authors.initials: S
authors.lastname: Rocke
mesh_terms: D006801:Humans; D016365:Liability, Legal; D009735:Nursing Homes / Q000592:standards*; D011787:Quality of Health Care / Q000331:legislation & jurisprudence*; D014481:United States