U.S. ex rel. Hockenberry v. OhioHealth Corp. — Aug. 2016 (Summary)

FCA

U.S. ex rel. Hockenberry v. OhioHealth Corp.
Case No.: 2:15-CV-666 (S.D. Ohio Aug. 25, 2016)

The United States District Court for the Southern District of Ohio dismissed a False Claims Act (“FCA”) suit filed against a health system by a physician.  The physician alleged that he personally witnessed physician-employees of the health system falsely enter notes in patient charges, which constituted a fraudulent billing scheme. However, the physician claimed that because of the Health Insurance Portability and Accountability Act (“HIPAA”), he could not provide patient names, dates of treatment, or content of treatment.

The court reasoned that the doctor failed to plead his FCA claim with particularity because he failed to identify any of the physicians involved in the alleged fraudulent activities. The court noted that his contention of not being able to offer any details was insufficient because he could have referred to the physicians and patients involved in the alleged fraud by their initials or requested that the court enter a HIPAA qualified protective order to avoid any violations.