Kaiser Must Face Whistleblower’s Software Tampering Fraud Claim

A whistleblower can advance his False Claims Act suit alleging that Kaiser Permanente Inc. and others tampered with fraud detection software in order to overcharge Medicare for health-care services.

This portion of Jeffrey Mazik’s suit filed in 2019 isn’t barred by the FCA’s first-to-file rule despite similarities to another whistleblower suit filed in 2014, Judge Dale A. Drozd of the US District Court for the Eastern District of California said in a Tuesday order.

Mazik’s other FCA claims will be dismissed to the extent they are similar to the 2014 suit, which was filed in the Northern District of California. ...