Lincare to Face Partial Revival of FCA Medical Billing Suit

Former employees of Lincare Inc. and its subsidiary Optigen Inc. partially prevailed in reversing a dismissal of their suit alleging the medical equipment company submitted false claims to the government.

The relators’ allegations that Optigen submitted claims under the wrong billing code for batteries and accessories are “pleaded with sufficient specificity,” but the other theories “fall well short of the mark,” Senior Judge Gerald B. Tjoflat of the US Court of Appeals for the Eleventh Circuit wrote in a Wednesday opinion, affirming in part and reversing in part a lower court’s dismissal of the case.

Lincare has faced allegations in ...