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Fraud and False Claims

Anti-kickback violations as false claims -U.S. ex rel. Thompson v. Columbia/HCA Healthcare Corp., 20 F.Supp.2d 1017 (S.D.Tex. 1998)

[Following U.S. ex rel. Thompson v. Columbia-HCA Healthcare Corp., 125 F.3d 899 (5th Cir. 1997)]

For the reasons indicated below, the Court agrees with Relator that he has stated claims for three separate violations of the FCA, i.e., the allegedly false certifications of compliance with all applicable Medicare statutes and regulations on which the government conditioned payments, the submission of Medicare claims in violation of the Stark laws' express prohibition, and the submission of claims for services rendered in violation of the Medicare Anti- Fraud and Abuse Act. Furthermore, he has stated a separate and independent claim against Defendants for knowingly making a false statement in order to get false or fraudulent claim paid in violation of 31 U.S.C. s 3729(a)(2). The Court therefore denies the motions to dismiss or for summary judgment and grants Relator's motion for leave to amend.

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