HCA Holdings, based in Nashville, Tenn., has asked a state judge to dismiss a false claims suit against the organization, claiming the allegations were filed by a repeat whistle-blower, according to a Law360 report.
HCA claims Stephen McMullen, who accused the organization of improperly billing Medicare for diagnostic studies, is a "serial relator" who has a history of bringing similar lawsuits against former employers, according to the report.
"Stephen McMullen is still a serial relator, who makes a pattern (perchance a living) out of briefly working for a provider and then accusing the provider of having failed to comply fully with technical guidance relating to accreditation of labs and/or supervision of technicians performing vascular scans," said an HCA spokesperson in the report. "Even if the court were to find that McMullen could bring an FCA action based on the defendants' alleged noncompliance ... the amended complaint would still fall woefully short of successfully pleading a claim."
Ascension Health in St. Louis is also currently facing an FCA suit waged by Mr. McMullen.
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