Supreme Court Won’t Review Nurse’s Medicare Upcoding Claims

Oct. 17, 2022, 1:43 PM UTC

The US Supreme Court announced Monday that it won’t consider whether a False Claims Act whistleblower adequately alleged that a diagnosis coding firm and several home health-care companies overbilled Medicare under an upcoding scheme.

Nurse Cathy Owsley didn’t sufficiently identify specific claims submitted to the government under the alleged fraud scheme allegedly perpetrated by Fazzi Associates Inc., Care Connection of Cincinnati, and others, according to the US Court of Appeals for the Sixth Circuit.

Owsley asserted in her petition to the Supreme Court that the Sixth Circuit is one of five circuits with a “more rigid” approach to satisfying the ...

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