On February 25, 2015, the Sixth Circuit reversed a district court's decision to dismiss FCA allegations pursuant to the FCA's public disclosure bar because the "publicity" aspect of the public disclosure bar was not satisfied. The Sixth Circuit's opinion became the most recent appellate decision to require disclosure beyond the government or the government's agents or contractors to implicate the public disclosure bar.
In U.S. ex rel. Whipple v. Chattanooga-Hamilton County Hosp. Authority, OIG instituted an audit of the defendant’s billing practices in response to an anonymous complaint. That audit led to a subsequent investigation by OIG, during which it consulted with the DOJ. In 2009, the defendant resolved the matter through a refund to the government, and the government declined to pursue the matter further.
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