United States ex rel. Polansky v. Executive Health Resources, Inc.,
No. 21-1052,
cert. granted, 142 S. Ct. 2834 (2022).
Oral argument not yet scheduled.
Issue: Whether the government has authority to dismiss a False Claims Act (FCA) suit after initially declining to proceed with the action, and if so, what standard applies?
Section 3730(b) of the False Claims Act (FCA) permits private citizens to sue perpetrators of fraud on behalf of the U.S. government. These private citizens, referred to as relators, are eligible to receive a portion of the recovery if they succeed. After investigation by the government, the government may elect to intervene in the case. However, if the government declines to intervene, then the relator may pursue the action independently. Regardless of whether the government intervenes, section 3730(c)(2)(A) of the FCA permits the government to dismiss these actions, notwithstanding the objections of the relator, so long as the relator has been notified and the relator is given an opportunity to be heard on the government’s motion to dismiss. 31 U.S.C. § 3730(c)(2)(A).
Executive Health Resources, Inc. (EHR), a private physician advisory company, provides review and billing certification services to hospitals and physicians that bill Medicare. In 2012, Dr. Jesse Polansky, a former physician consultant for the company, filed an FCA action alleging that EHR was fraudulently certifying outpatient services as inpatient services and billing Medicare and...
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