United States v. Dynamic Visions Inc., No. 17-5265 (D.C. Cir. 2020)Annotate this Case
After the federal government brought an action against Dynamic Visions and its owner under the False Claims Act (FCA) for submitting false claims for reimbursement, the district court granted summary judgment to the government.
The DC Circuit affirmed the grant of summary judgment in large part but vacated the judgment as to a limited subset of the alleged false claims. The court affirmed the district court's grant of summary judgment as to those claims for which the falsity stems from the absence of any Plan of Care (POC), or from a POC with no signature from a physician, an untimely signature, or an authorization of services more confined in scope than the services for which reimbursement was sought. However, because the government's evidence does not foreclose a genuine dispute as to whether Dynamic Visions forged physician signatures, the court vacated the grant of summary judgment as to the corresponding subset of claims. The court rejected Dynamic Visions' remaining challenges. Finally, the court vacated the district court's order as to both damages and civil penalties, remanding for further proceedings.