Thayer v. Planned Parenthood of the Heartland, Inc., No. 20-2151 (8th Cir. 2021)Annotate this Case
Plaintiff filed a qui tam action under the False Claims Act (FCA), alleging that Planned Parenthood violated Iowa law by dispensing extra cycles of oral contraceptives without a physician’s order and that Planned Parenthood illegally billed Iowa Medicaid Enterprise (IME) for post-abortion related procedures.
The Eighth Circuit affirmed the district court's grant of summary judgment to Planned Parenthood, concluding that plaintiff failed to sufficiently plead with particularity, pursuant to the heightened pleading standards of the FCA, her claim regarding the dispensing of oral contraceptives. Furthermore, even if plaintiff is right that Planned Parenthood submitted a false claim or statement as to Patients C, D, E and F, she fails to show that there is a genuine issue of material fact over whether those claims and statements were knowingly false.
Court Description: [Kobes, Author, with Colloton and Wollman, Circuit Judges] Civil case - Qui Tam. Plaintiff brought this action against Planned Parenthood under the False Claims Act, alleging it violated Iowa law by dispensing extra cycles of oral contraceptives without a doctor's order and by illegally billing Iowa Medicaid Enterprises for post-abortion related procedures. For the court's prior opinion in the matter see U.S. ex rel. Thayer v. Planned Parenthood of the Heartland, 765 F.3d 914 (8th Cir. 2014). The district court did not err finding plaintiff's complaint regarding dispensing of oral contraceptives was not particular enough under the heightened pleading standards applicable to a False Claims Act suit, and the court properly granted the organization's motion for summary judgment; plaintiff failed to prove certain claims the organization submitted for payment were either false or that they were knowingly false, and the court did not err in granting the organization summary judgment.