United States v. Hawaii Pacific Health Group Plan for Employees of Hawaii Pacific Health

MEMORANDUM *

James Lockyer, as relator for the United States and the State of Hawaii and in his individual capacity, appeals the district court’s summary judgment on counts one and three of Lockyer’s qui tam complaint against his former employer and related parties for alleged violations of the federal False Claims Act (“FCA”) and related state laws. We affirm.

*281 As to count one, Lockyer has failed to establish a genuine issue of material fact as to whether the defendants had the requisite scienter to support liability under the FCA, 31 U.S.C. § 3729 (a)(l)-(3). Lockyer has presented evidence that raises genuine issues of fact as to whether the defendants violated the Medicare “incident to” rules. Nonetheless, “the FCA requires more than just a false statement — it requires that the defendant knew the claim was false.” United States ex rel. Oliver v. Parsons, 195 F.3d 457, 464 (9th Cir.1999). A defendant’s good faith interpretation of a regulation does not give rise to liability, “not because his or her interpretation was correct or ‘reasonable’ but because the good faith nature of his or her action forecloses the possibility that the scienter requirement is met.” Id. “For a…