A U.S. district judge has dismissed a False Claims Act lawsuit against St. Louis-based Ascension Health, deciding the whistle-blower who initiated the case did not have enough evidence to support his allegations, according to a Law360 report.
The suit claimed Ascension Health improperly billed Medicare by submitting claims for diagnostic work done by noncertified technicians. After review, U.S. District Judge Todd J. Campbell decided the supporting details provided by Stephen McMullen, a former employee at Saint Thomas-Midtown Hospital in Nashville, Tenn., were insufficient to support his accusations, according to the report.
Ascension Health had first asked for the case's dismissal in June, calling Mr. McMullen a 'serial realtor' who makes a habit of instigating whistle-blower suits against former employers. Mr. McMullen also recently filed a similar FCA whistle-blower suit against Nashville-based HCA Holdings. HCA subsequently petitioned for its dismissal, echoing Ascension's assertion Mr. McMullen is a professional whistle-blower.
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