Whether a Medicare provider's knowing falsifications of hospital patient arrival times, known by the hospital to be material to statutory quality reporting programs directly affecting the hospital's Medicare reimbursement rate, are immaterial under the False Claims Act, as held by the Tenth Circuit in conflict with the Fifth, Eighth, Ninth, and Eleventh Circuits, absent additional evidence of impact on the payment behavior of the decisionmaking agency.

Whether change in payment behavior of the Government is the controlling factor in determining materiality under the False Claims Act, as held by the Tenth Circuit, or whether determining materiality instead requires a holistic analysis allowing for objective and subjective evidence, as held by the First, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, and Eleventh Circuits.

Whether a Medicare provider's knowing falsifications of hospital patient arrival times, known by the hospital to be material to statutory quality reporting programs directly affecting the hospital's Medicare reimbursement rate, are immaterial under the False Claims Act