Last week, the 11th Circuit Court of Appeals issued its unpublished ruling in US ex rel. Mastej v. Health Management Associates, Inc. At issue was whether the relator’s Third Amended Complaint adequately pled fraud with particularity, as required by Fed.R.Civ.Pro. 9(b). Mastej was an Health Management Associate (“HMA”) executive from 2001 to... Continue Reading →Tags: 11th Circuit, 9(b), AKS, Anti-Kickback, Eleventh Circuit, False Claims Act, FCA, fraud with particularity, Health Management Systems, HMS, Mastej, Stark
This week a Court in the Middle District of Florida dealt a blow to a whistleblower’s allegations of fraud in U.S. ex rel. Baklid-Kunz v. Halifax Hospital Medical Center ruling that: (1) the Relator is barred from recovering damages even if it can prove its allegations and (2) the Relator is... Continue Reading →Tags: condition of participation, condition of payment, Damages, District Court, Eleventh Circuit, Florida, summary judgment
The Eleventh Circuit ruled last week that a conviction for criminal health care fraud against the owner of nursing home facilities was constitutional. The Court held that the government’s “worthless service” theory of fraudulent billing was not unconstitutional.... Continue Reading →Tags: criminal, Eleventh Circuit, fraud, worthless services