United States ex rel. Aflatooni v. Kitsap Physicians Services

ORDER

The opinion filed September 23, 1998 is amended. The amended opinion filed concurrently with this order is substituted in its place.

With these amendments, the petition for rehearing is denied.

*519 OPINION

The United States ex rel. Dr. Alfred Afla-tooni appeals the district court’s dismissal for lack of jurisdiction of his qui tarn action against Kitsap Physicians Service and others, alleging that they conspired to submit false claims to the Medicare program. The district court held that Dr. Aflatooni, the relator, was precluded from filing this lawsuit under the “public disclosure bar” of 31 U.S.C. § 3730 (e)(4) because Aflatooni had disclosed these allegations to the news media.

I.

A.The Defendants

In the 1980s, the Health Care Financing Administration (“HCFA”) 1 delegated responsibility for the administration of Part B of the Medicare Program in the State of Washington to Washington Physicians Service (‘WPS”). 2 WPS, with HCFA’s approval, subcontracted with KPS to administer the Medicare program in Kitsap County, including Defendant Kitsap Physicians Service (“KPS”), to administer the Medicare program in certain regions. 3 Defendants Robert C. Sehneidler, Nancy L.…