MD Spine Stops Whistleblower’s Bid to Reinstate Fraud Suit (1)

MD Spine Solutions LLC, which does business as MD Labs Inc., defeated a whistleblower’s bid to reopen a False Claims Act suit alleging it billed Medicare for a medically unnecessary type of urinary tract infection test, the First Circuit said.

The lower court didn’t err in finding whistleblower Omni Healthcare Inc. failed to adequately demonstrate that MD Spine knowingly engaged in fraud, Judge O. Rogeriee Thompson of the US Court of Appeals for the First Circuit said Monday.

Omni failed to present evidence that MD Spine knowingly submitted false claims, the appeals court said.

In FCA cases alleging Medicare fraud ...