6th Circ. Denies Hospital's En Banc Review Plea In FCA Case

By Jacob Fischler (April 20, 2015, 8:44 PM EDT) -- Sixth Circuit judges unanimously decided Monday not to rehear en banc a three-judge panel's decision to revive a federal False Claims Act case accusing a Tennessee hospital of overbilling Medicare and Medicaid for unnecessary medical procedures.

Barring a petition to the U.S. Supreme Court, the Sixth Circuit's decision sends the case back to U.S. District Judge Todd J. Campbell, who in August 2013 dismissed the claims of whistleblower Robert Whipple, saying his investigation into Erlanger Medical Center's inpatient billing practices were conducted before filing suit against the hospital, so it constituted a public disclosure of fraud and negated False Claims Act...

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