· 6/30/2011
United States Ex Rel. Wilkins v. United Health Group, Inc.
Citations
- 659 F.3d 295
- 2011 U.S. App. LEXIS 13322
- 2011 WL 2573380
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that plaintiffs “need not allege a relationship between the alleged [anti- kickback] violations and the claims . . . submitted to the Government”
- holding that compliance with the AKS is a condition of payment under Medicare Part C because “Medicare regulations specifically name the AKS as a statute that is ‘designed to prevent or ameliorate fraud, waste, and abuse’”
- explaining that a plaintiff must prove that “the defendant presented or caused to be presented to an agent of the United States a claim for payment” (emphasis added) (citation omitted)
- explaining that “[a] legally false FCA claim is based on a ‘false certification’ theory of liability” (citations omitted)
- concluding that where the plaintiffs’ request for leave to amend their complaint was made in their reply to the defendants’ motion to dismiss and without a draft amended complaint, the district court “did not abuse its discretion by denying their deficient request to amend” (citation omitted)
- explaining that the Act covers someone who “knowingly falsely certifies that [he] has complied with a statute or regulation [that] is a condition for Government payment”
Source: CourtListener parenthetical corpus (CC0).
Judges: Fuentes, Smith, Greenberg
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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