United States v. Palin, No. 16-4522 (4th Cir. 2017)Annotate this Case
The Fourth Circuit affirmed defendants' conviction of health care fraud and conspiracy to engage in health care fraud. Assuming that the district court did err in failing to consider materiality expressly when assessing guilt, the court held that such error was harmless because the record conclusively established that insurers would not have paid for the second, more sophisticated tests had they known those tests were not medically necessary and no rational fact finder could conclude otherwise. Furthermore, Universal Health Services, Inc. v. United States ex rel. Escobar, — U.S. —, 136 S. Ct. 1989 (2016), did not compel a different conclusion. The court rejected defendants' remaining arguments, concluding that each lacked merit.