Senior Reporter
HealthNow New York Inc. failed to demonstrate that a health-care program fraud suit against it should be thrown out because the False Claims Act’s whistleblower provisions are unconstitutional, a federal judge said.
HealthNow didn’t show that FCA whistleblowers appoint themselves as US officers in a way that violates the appointments clause in Article II, US magistrate Judge H. Kenneth Schroeder Jr., of the US District Court for the Western District of New York said in a May 9 report and recommendation. HealthNow has 14 days to object to this decision, Schroeder said.
The company moved for judgment on the pleadings ...
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