Doc Says Providers Are Misreading FCA In Kickbacks Case

Law360, Los Angeles (February 26, 2013, 10:45 PM EST) -- An employee whistleblower fired back Tuesday against health care providers who had urged a Pennsylvania federal judge to toss allegations that they billed Medicare for unnecessary services and entered into illegal kickback schemes, saying they were misinterpreting the False Claims Act.

Dr. Tullio Emanuele filed documents opposing motions by defendants Hamot Medical Center, Medicor Associates Inc., Flagship Cardiac Vascular Thoracic Surgery and several doctors to dismiss his amended complaint. Emanuele maintained that he had fulfilled the FCA’s requirement that plaintiffs sufficiently identify defendants' fraudulent behavior, and...
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