Qui tam complaint splits judges

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted October 18, 2021 11:22 AM

Updated October 19, 2021 11:15 AM

(This is part one of a two-part series. Part two was published on Tuesday.)The 7th U.S. Circuit Court of Appeals split on whether Thomas Prose’s qui tam complaint against Molina Healthcare of Illinois satisfied the heightened pleading requirements Federal Rule of Civil Procedure 9(b) demands for allegations of fraud under the False Claims Act.Prose alleged Molina, a managed care organization, received per person payments of $3,180 a month for 70,836 Medicaid recipients in nursing homes. One of the services …

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