The U.S. Appeals Court for the Second Circuit has affirmed the dismissal of a False Claims Act lawsuit against Chicago-based Huron Consulting Group, according to a National Law Review report.
The lawsuit was filed under the qui tam, or whistle-blower, provision of the False Claims Act. The suit alleged Huron overbilled Medicare and Medicaid by using an inaccurate reimbursement ratio for "outlier patients" — patients who require extremely expensive care, according to the report.
In March 2013, the Southern District of New York dismissed the case. The district court held Huron had not engaged in any fraudulent conduct, as there was no evidence presented to show the reimbursement ratio used to calculate the bills submitted to the government agencies for the outlier patients violated any law or regulation, according to the report.
The appeals court upheld the district court's dismissal of the case. In support of its opinion, the appeals court stated the whistle-blower "has failed to identify any statute or regulation prohibiting Huron's claim submission practices," according to the report.
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