Tuesday, March 30, 2010

Supreme Court Holds “Public Disclosure Bar” Amendment Not Retroactive

Justice Stevens, writing for a seven Justice majority, held that the amendment to the “public disclosure bar” contained in section 10104(j)(2) of the Patient Protection and Affordable Care Act is not retroactive, stating that the legislation makes no mention of retroactivity and that would be necessary for its application to pending cases “given that it eliminates petitioner’s claimed defenses to a qui tam suit.” Graham County Soil and Water Conservation District v. United States ex rel Wilson, No. 08-304, 2010 U.S. LEXIS 2927 at *6 n.1 (Mar. 30, 2010).

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