United States of America v. Somnia, Inc.

Good Law
United States District Court, Eastern District of CaliforniaMarch 4, 20241:15-cv-00433California779 words

Opinion

trial_court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

§ UNITED STATES OF AMERICA and the § STATE OF CALIFORNIA ex rel. §

NICOLE O’NEILL, §

§ CIVIL ACTION NO. 1:15-433-LHR Plaintiffs, § v. § § SOMNIA, INC., et al., § § Defendants. § § §

MEMORANDUM AND ORDER

Relator Nicolle O’Neill, on behalf of the United States of America and the State of California, sued several health-service provider entities. (Docket Entry No. 1). In September 2018, the court granted the defendants’ motion to dismiss portions of the Relator’s Second Amended Complaint. (Docket Entry No. 95). In May 2022, the Relator moved for reconsideration of the dismissal as to PST Services on the basis that “discovery in this action has revealed that PST’s proposed interpretation of the Medicare regulations is simply incorrect.” (Docket Entry No. 207 at 8). The Relator specifically challenged the court’s ruling on the meaning of provisions defining when the QZ modifier is properly used as a code that determines billing amounts. (Docket Entry Nos. 95 at 11, 207 at 21). Rule 54(b) allows orders to be “revised at any time before the…

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