United States Ex Rel. Shutt V.Community Home & Health Care Services, Inc.

Facing a question of first impression, we conclude that an order granting summary judgment is final and appealable under 28 U.S.C. § 1291 even though the district court retained jurisdiction over a pending claim by a qui tam relator for a share of the award under the False Claims Act (“FCA”), 31 U.S.C. § 3730 (d).

FACTS

Relator Jody Shutt originated this FCA action against Nida Campanilla (“Campan-illa”), the sole owner and president of Community Home and Health Care Services (“Community Home”), an agency that provided nursing and home health services and received at least $2.77 million in Medicare reimbursements from May 2003 to August 2004.

Subsequently, the United States pursued criminal charges against Campanilla who entered a guilty plea to one count of health care fraud, in violation of 18 U.S.C. § 1347 . In the agreement, she stipulated to making illegal payments to physicians, patients, and marketers, forging physician signatures on Medicare forms documenting the medical necessity of claimed services, submitting reimbursement claims to Medicare for home health services she knew were not medically necessary, and submitting reimbursement claims for services that were not…