Goldberg

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ex rel. No. 2:19-cv-00992-DJC-JDP TERRY GOLDBERG and STATE OF CALIFORNIA, ex rel TERRY ORDER DENYING DEFENDANTS’

GOLDBERG, MOTION TO DISMISS

12 Plaintiff, 13 v.

SACRAMENTO HEART AND

VASCULAR MEDICAL ASSOCIATES, a California corporation; PHILIP M. BACH, M.D., an individual; PHILIP M. BACH, M.D., INC., a California corporation; and DOES 1–100, inclusive, 18 Defendants. 19 In her Complaint, Relator, who is a former employee of Defendant Sacramento Health and Vascular Medical Associates (“SHVMA”), claims that SHVMA, as directed by Dr. Philip Bach (together, “Defendants”), paid primary care physician employees of SHVMA bonuses based on their referral of patients for various diagnostic services provided by the Defendants in violation of federal and state law. Plaintiffs further allege that the Defendants utilized a billing code that is not justified by the service being performed, and that results in a higher amount being paid by Medicaid and 27 …