We served as lead counsel representing a long-term care pharmacy in connection with a qui tam lawsuit alleging violations of the False Claims Act based on allegations that the pharmacy improperly billed Medicare and state Medicaid programs for drugs dispensed in skilled nursing facilities. The district court granted our client’s motion to dismiss, concluding that the relator’s complaint failed to plead falsity and materiality under the FCA and failed to plead in accordance with Rule 9(b). The district court also dismissed the relator’s retaliation claims.
Representation of Long Term Care Pharmacy: U.S. ex rel. McClain v. Nutritional Support Services (D.S.C.)
Client Type: Private Company
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Representation of ED company and other defendants in qui tam lawsuit alleging that ED provider’s violation of licensure laws caused submission of false claims and that defendants fraudulently billed services as performed by physicians even though patients were seen only by nurse practitioners. We obtained dismissal of the licensure claims and received summary judgment as to the upcoding claims. U.S. ex rel. Taylor v. Boyko, 2020 WL 520933 (S.D. W. Va. Jan. 31, 2020); U.S. ex rel. Taylor v. Perni, 2020 WL 2499544 (S.D. W. Va. May 14, 2020).
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