Law professors warn their students that bad facts make bad law. Historically, courts have been skeptical that the government can hold a nursing home liable for fraud based on a theory that its services were so subpar as to be effectively worthless. But a confluence of two factors – the COVID-19 pandemic and government enforcement initiatives—portend the likely softening of this skepticism.

Even before COVID-19 had taken hold, the U.S. DOJ announced an enforcement focus on nursing homes, including False Claims Act (FCA) cases against those that fail to deliver adequate services to care for their residents.

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