United States v. Hawaii Pacific Health

Relators Kelley Woodruff, M.D., and Robert Wilkinson, M.D., filed this qui tam action under the False Claims Act (“FCA”), 81 U.S.C. § 8729 , et seq. against Hawaii Pacific Health, Kapi’olani Medical Center for Woman and Children, and Kapi’olani Medical Specialists (“HPH Entities”). Relators alleged that the HPH Entities (1) submitted false UB-92 forms and cost reports to Hawaii Medicaid; (2) falsely certified compliance with federal and state laws and regulations; and (3) committed promissory fraud to obtain participation in Hawaii Medicaid programs. The district court dismissed Relators’ false certification and promissory fraud claims under Federal Rule of Civil Procedure 12(b)(6) and granted summary judgment as to Relators’ remaining FCA claim. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

We review de novo the district court’s decision to grant a motion to dismiss under Rule 12(b)(6). See Decker v. Advantage Fund Ltd., 362 F.3d 593, 595-96 (9th Cir.2004). We also review de novo the district court’s decision to grant summary judgment. -See FTC v. Stefanchik, 559 F.3d 924, 927 (9th Cir.2009). We review for abuse of discretion the district court’s discovery rulings.…