U.S. ex rel. Phillips v. Pediatric Services of America — Nov. 2000 (Summary only)

U.S. ex rel. Phillips v. Pediatric Services of America
No. 3:97CV360-P (W.D.N.C. Nov. 30, 2000)

A former employee of a pediatric group filed a Medicare False Claims Act (“FCA”) complaint as a qui tam relator alleging that the group allowed non-physician employees to complete charts. The government declined to intervene. The U.S. District Court for the Western District of North Carolina denied the group’s motion to dismiss, holding that qui tam relators are subject to enough specific controls by the government, including intervention and management of the suit, as to avoid the possibility that the qui tam relator will “impermissibly undermine” the government to such a degree that it would violate the doctrine of separation of powers or the “take care” clause of the Constitution.