United States v. North American Health Care, Inc.

ORDER ON MOTION TO DISMISS

Re: Dkt. No.

Currently before me is defendant John Sorensen’s second motion to dismiss claims asserted by plaintiff relator John Orten under the federal False Claims Act (FCA). Pursuant to Civil Local Rule 7-l(b), this matter is appropriate for resolution without oral argument, and I hereby VACATE the March 30, 2016 hearing. Among several issues asserted in the motion, the public disclosure bar precludes Orten’s claim regarding “upcoding” and Orten’s failure to identify a Medicare statute or regulation that Sorensen violated that is a condition of payment makes meritless the “Star Ratings” claim. I grant in part and deny in part the motion to dismiss.

BACKGROUND

In my November 2015 Order, I dismissed Orten’s FCA cause of action based on “Star Rating” allegations with leave to amend because Orten failed to allege sufficient facts and to identify particular statutory or regulatory requirements that are conditions of payment. Dkt. No. 74 at 8. 1 1 also dismissed his FCA cause of action based on “upcoding” with leave to amend, because Orten failed to make “explicit his NAHC upcoding allegations and to plead facts showing that Sorensen may be liable…