Lum v. Vision Service Plan

Lum v. Vision Service Plan, No. CIV.97-00226SOM/BMK (D. Haw. June 26, 2000)

An individual brought a qui tam action against a vision plan provider, alleging that the provider violated the False Claims Act (FCA) by charging co-payments to participants in a medical services plan run by the state, but not including the co-payments on the bills it sent to the government. The United States district court, granting summary judgment to the plan provider, held that the provider did not violate the FCA because there was no evidence that the co-payments caused the government to pay out funds.