Fresenius Can't Bill Medicare For Overfill, Relator Says

Law360, New York (December 05, 2012, 3:58 PM ET) -- A former Fresenius Medical Care Holdings Inc. technician asked a Georgia federal judge Tuesday for partial judgment in his qui tam False Claims Act suit, saying the company had wrongly claimed that Medicare does not prohibit billing for excess drugs given freely by a drugmaker.

According to Chester Saldivar's motion for partial summary judgment, dialysis center operator Fresenius had incorrectly tried to argue that Medicare Part B providers aren't prohibited from billing for overfill — excess in a drug container above the labeled dose, provided for...
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