Physician Assistant Advances Sinuplasty Procedure Fraud Suit

An Arizona-based healthcare provider of ear, nose, and throat services must continue to face a whistleblower’s False Claims Act suit alleging it and others improperly billed Medicare, Medicaid, and other federal healthcare programs, a federal district court said.

Michelle Nemeh, a physician assistant, adequately alleged that National Breathe Free Sinus & Allergy Centers LLC billed the government for procedures regardless of medical necessity, Judge John J. Tuchi of the US District Court for the District of Arizona said in a Thursday order.

The court also rejected the defendants’ argument that whistleblower suits under the FCA violate the appointments clause in ...