Federal Judge Tosses Medicare FCA Suit, Cites ‘Naked Assertions Of Materiality’

Mealey's (August 24, 2022, 1:23 PM EDT) -- KANSAS CITY, Mo. — A Missouri federal judge on Aug. 22 granted a Medicare Advantage (MA) plan insurance brokerage and other defendants’ motions to dismiss a qui tam suit filed by a relator and former employee of the brokerage, alleging that the brokerage violated the False Claims Act (FCA) in fraudulently certifying insurance agents who marketed Medicare Advantage MA plans, finding that because the relator “failed to allege materiality with particularity” in the operative complaint, dismissal with prejudice is warranted “because further attempts at amendment would be futile.”...