The particularity requirement of Rule 9(b) does not invariably demand exemplar claims for every facility or every responding party where critical billing details are in exclusive provider control.
Two qui tam relators could proceed to discovery with seven of their eight False Claims Act (FCA) claims against a group of skilled nursing facilities (SNFs), held a magistrate judge of the federal district court in Oklahoma. Allegations that the SNFs presented false claims or made false records in connection with the Paycheck Protection Plan (PPP), the Provider Relief Fund (PRF), and certain services billed to Medicare that may not have been reasonable or necessary, were sufficient to survive dismissal in the Tenth Circuit. The Tenth Circuit does not necessarily require attachment of exemplar claims, and the claims were viable even though the second amended complaint (SAC) was “comparatively thin” in ascribing the alleged false claims practice to every affiliated SNF. Allegations about the SNFs tracked the required aggregation of entities on PPP applications. The PRF fraud allegations identified applications for unusually large general shareholder distributions that facially involved presentation of expressly false certifications. The retaliatory discharge claim failed for lack of causality, but the court granted a final leave to amend (U.S. ex rel. Dunn v. LTC Accounting Services, LLC, No. 6:22-cv-138-JAR (E.D. Okla. Mar. 23, 2026)).
Background. Two former employees (relators)...
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