Court Is No Longer in Session: FCA Case Dismissed
The United States District Court of Appeals for the District of Columbia affirmed a district court’s decision to dismiss a qui tam action alleging violations of the False Claims Act (“FCA”) and the Texas Medicaid Fraud Prevention Law. The court indicated that the relator brought the same claims against the same group of physicians that had already been disclosed to the public in a different, already settled case, and that adding additional examples of an already-exposed scheme or extending the window of fraudulent conduct did not breathe life into claims that were otherwise barred. The relator’s claims against skilled nursing facilities were also dismissed because they failed to meet the heightened standard under F.R.C.P. 9(b). U.S. ex rel. Winnon v. Lozano