Ascension Hospital Chain Beats Ex-Staffer's FCA Suit

Law360, New York (November 19, 2013, 8:29 PM EST) -- A Tennessee federal judge on Monday killed a False Claims Act suit accusing hospital chain Ascension Health of ripping off Medicare by billing for diagnostic work performed by noncertified technicians, saying the whistleblower provided unacceptably skimpy details to support his allegations.

In an eight-page decision, U.S. District Judge Todd J. Campbell said that relator Stephen McMullen hadn’t identified a single specific false claim submitted to Medicare by one of three Ascension hospitals targeted in the litigation.

Judge Campbell acknowledged that some situations warrant relaxing the FCA’s particularity requirements, such as when a whistleblower has personal knowledge of bogus billing and describes...

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