U.S. ex rel. McMullen v. Ascension Health (Summary)

FALSE CLAIMS ACT

U.S. ex rel. McMullen v. Ascension Health, No. 3-12-0501 (M.D. Tenn. Nov. 18, 2013)

The United States District Court for the Middle District of Tennessee granted a motion to dismiss filed by a healthcare system and others (“defendants”) in a False Claims Act suit brought against it by a relator who was employed by one of the defendants for only ten months.  The relator alleged that the defendants allowed non-accredited and/or non-certified technicians, not under the supervision of a physician credentialed in vascular technology, to perform noninvasive vascular diagnostic studies.  The district court dismissed the complaint with prejudice, holding, among other things, that the relator failed to identify the submission of any false claims by the defendants to the government.