Florida-based Millennium Physician Group and others defeated a whistleblower’s False Claims Act suit alleging Medicare and Medicaid billing for unnecessary medical tests.
The suit filed by Donald Robertson, a doctor of osteopathic medicine, must be dismissed under the FCA’s first-to-file rule because an earlier filed whistleblower suit raised related allegations, Judge John L. Badalamenti of the US District Court for the Middle District of Florida said in a Wednesday order.
The first suit, filed in 2016 about a month before Robertson, “equipped” the government to investigate the alleged fraud, the court said. In a separate order also issued Wednesday, Badalamenti ...
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