United States, ex rel. Michael Dunn v. North Memorial Health Care, et al., No. 13-1099 (8th Cir. 2014)
Annotate this CasePlaintiff brought a qui tam action against North Memorial under the False Claims Act (FCA), 31 U.S.C. 3729 et seq., alleging that North Memorial knowingly submitted fraudulent claims to the government seeking payment for cardiac and pulmonary rehabilitation services that did not comply with Medicare regulations. The district court dismissed the complaint under Rule 12(b)(6). The court affirmed the dismissal on the alternative ground that plaintiff's complaint did not meet the requirements of Rule 9(b) because the complaint failed to identify even one example of an actual false claim submitted for reimbursement.
Court Description: Civil case - False Claims Act. Plaintiff's complaint alleging the defendant submitted fraudulent claims to the government seeking payment for cardiac and pulmonary rehabilitation services that did not comply with Medicare regulations was properly dismissed under Rule 9(b)as the complaint failed to identify even one example of an actual false claim submitted for reimbursement.
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