United States ex rel. Bondy v. Consumer Health Found.,
No. 00-2520 (4th Cir. 2001)
The
United States Circuit Court for the Fourth Circuit upheld the district court's
dismissal of a physician's qui tam action wherein the physician alleged that
the HMO at which he had previously been employed had defrauded Medicare by
billing it for patient care charges that had already been reimbursed by a
private insurer. The Fourth Circuit found that the district court was correct
in determining that the physician failed to produce any direct evidence tending
to show that the HMO was not properly preparing its cost statements. The court
also held that the physician could not claim that he was inappropriately discharged
as a result of his investigative activities since he had already litigated
the alleged wrongful termination in a previous age discrimination lawsuit
brought against the HMO.