False Claims Caused by Its Commercial Pricing Disclosures (May 13, 2019), https://www.justice.gov/opa/pr/informatica-agrees-pay2157-million-alleged-false-claims-caused-its-commercial-pricing (allegations that defendant provided misleading information in GSA contract negotiations, resulting in overcharges to the government). 24 https://southerncalifornialawreview.com/2018/03/01/statisticalsampling-used-prove-liability-false-claims-act-healthcare-fraudnote-milene-vega/. 25 See, e.g., Rhode Island-Based Hospital to Pay $400,000 to Settle Health Care Fraud Allegations (Oct. 17, 2002), https://www. justice.gov/archive/opa/pr/2002/October/02_civ_599.htm. The government investigated the relator entity’s allegations hospital-byhospital and reached settlements with most over a number of years before intervening in the qui tam case. The slimmed-down lawsuit itself suffered from procedural issues that eventually caused it to be dismissed. 26 See, e.g., U.S. ex rel. Integra Med Analytics LLC v. Baylor Scott & White Health, 17-CV-0886 (W.D. Tex.), and U.S. ex rel. Integra Med Analytics LLC v. Providence Health Services, 17-CV-01694 (C.D. Cal.). 27 U.S. ex rel. Integra Med Analytics LLC v. Baylor Scott & White Health, 17-CV-0886 (W.D. Tex.), Doc. No. 11, § 11. 28 Id. at § 25. 29 U.S. ex rel. Integra Med Analytics LLC v. Providence Health Services, 2019 WL 3282619, at *5 (C.D. Cal. July 16, 2019). 30 In the Integra Med action in the Western District of Texas, the court dismissed the complaint in full at the motion to dismiss phase finding a public disclosure bar. Integra Med has appealed. In the Central District of California action, the court was similarly dismissive and mostly dismissed the case. On a narrow ground, the court allowed Integra Med to proceed to discovery, but the defendants are currently pursuing an interlocutory appeal to the Ninth Circuit, and the action is currently stayed. U.S. ex rel. Integra Med Analytics LLC v. Providence Health Services, 17-CV-01694 (C.D. Cal.). 31 See J.C. Herz, Medicare Scammers Steal $60 Billion a Year. This Man Is Hunting Them, https://www.wired.com/2016/03/john-mininnomedicare/. 32 Id. 33 See The United States’ Mot. to Dismiss Relator’s Second Am. Compl. at 1, U.S. ex rel. Health Choice Grp., LLC v. Bayer Corp., No. 5:17-CV-126-RWS-CMC (E.D. Tex. Dec. 17, 2018), ECF No. 116; The United States’ Mot. to Dismiss Relator’s Second Am. Compl. at 1, U.S. ex rel. Health Choice Alliance, LLC v. Eli Lilly & Co., No. 5:17CV-123- RWS-CMC (E.D. Tex. Dec. 17, 2018), ECF No. 192; United States of America’s Mot. to Dismiss Relators’ First Am. Compl. at 1, U.S. ex rel. Miller v. AbbVie, Inc., No. 3:16-CV- 2111-N (N.D. Tex. Dec. 17, 2018), ECF No. 52; United States’ Mot. to Dismiss at 1, U.S. ex rel. CIMZNHCA, LLC v. UCB, Inc., No. 3:17-CV-00765-SMY (S.D. Ill. Dec 17, 2018), ECF No. 63; United States’ Mot. to Dismiss Relators’ Compl. at 1, U.S. ex rel. Carle v. Otsuka Holdings Co., No. 17-CV-00966 (N.D. Ill. Dec. 17, 2018), ECF No. 30; United States’ Mot. to Dismiss Relators’ Compl. at 1, U.S. ex rel. SCEF, LLC v. AstraZeneca PLC, No. 2:17-CV-01328-RSL (W.D. Wash. Dec. 17, 2018), ECF No. 15; United States’ Mot. to Dismiss at 1, U.S. ex rel. SMSF LLC v. Biogen Inc., No. 1:16-cv-11379-IT (D. Mass. Dec. 17, 2018), ECF No. 52; United States’ Mot. to Dismiss at 1-2, U.S. ex rel. SAPF LLC, v. Amgen Inc., No. 2:16-CV-05203-GJP (E.D. Pa. Dec. 17, 2018), ECF No. 18; United States’ Mot. to Dismiss at 1-2, U.S. ex rel. SMSPF LLC v. EMD Serono Inc., No. 2:16-cv-05594-TJS (E.D. Pa. 48 • THE FEDERAL LAWYER • July/August 2020
Dec. 17, 2018), ECF No. 23; United States’ Mot. to Dismiss Relator’s First Am. Compl. at 1, U.S. ex rel. NHCA-TEV LLC v. Teva Pharm. Prods. Ltd., No. 2:17-cv-02040-JD (E.D. Pa. Dec. 17, 2018), ECF No. 30. 34 See supra note 33. 35 In U.S. ex rel. CIMZNHCA, LLC v. UCB, INC., No. 3:17-cv-00765SMY-MAB, 2019 WL 1598109, at *4 (S.D. Ill. Apr. 15, 2019), the district court denied DOJ’s motion to dismiss a finding that the government’s stated purposes for moving to dismiss were arbitrary and capricious. This finding has been appealed to the Seventh Circuit Court of Appeals and remains pending. 36 The Health Insurance Portability and Accountability Act of 1996 (HIPAA) P.L. No. 104-191, 110 Stat. 1938 (1996). 37 45 C.F.R. Parts 160, 164.