TidalHealth Wins Dismissal of ‘Implausible’ Kickback Lawsuit

A whistleblower and medical equipment seller failed to show that TidalHealth Nanticoke Hospital and others violated the False Claims Act by engaging in a kickback scheme that unfairly denied her business, a Delaware federal court said.

Chris O’Bier, who claimed TidalHealth must be paying kickbacks because it almost exclusively refers patients to defendants Lincare Inc. and Bay View Homecare Inc., didn’t adequately allege violations of the Anti-Kickback Statute or Stark Law, the U.S. District Court for the District of Delaware ruled Tuesday.

“There are countless other reasons why the hospital might not send patients to her. Perhaps it just thinks ...