Whistleblower Can Again Allege Radiology Fraud, 9th Cir. Says

A whistleblower can again allege that Arizona-based Radiology Limited LLC violated the False Claims Act by using Dell computer monitors that didn’t satisfy Medicare standards for radiology services, the Ninth Circuit said Friday.

Eric Stenson sufficiently alleged that Radiology Limited falsely certified compliance with the Medicare statute by contending that the medical practice used “less sophisticated” monitors in diagnostic readings that didn’t meet a “reasonable and necessary” standard, the US Court of Appeals for the Ninth Circuit said in a nonprecedential opinion, partially reversing a decision to dismiss the suit.

Stenson, an information technology executive, sued in 2019. The US ...