U.S. EX REL. CONNER v. SALINA REGIONAL HEALTH CENTER

Nos. 07-3033, 07-3035.

543 F.3d 1211 (2008)

UNITED STATES of America, ex rel. Brian E. CONNER, M.D., and Brian E. Conner, M.D., Chartered, Plaintiffs-Appellants and Cross-Appellees, v. SALINA REGIONAL HEALTH CENTER, INC., Defendant-Appellee and Cross-Appellant. Healthcare Administration Responsibility Project and Just Health, Amicus Curiae in support of Plaintiff-Appellants and Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

October 2, 2008.


Attorney(s) appearing for the Case

Ronald H. Clark, Arent Fox, Washington, D.C. (Randall A. Brater, Arent Fox, Washington, D.C., and Douglas L. Carter, Kansas City, Missouri, with him on the briefs), for the Plaintiffs-Appellants and Cross-Appellees.

James D. Griffin, Blackwell Sanders Peper Martin, LLP, Kansas City, Missouri (Stephen J. Torline and Lori J. Sellers, Blackwell Sanders Peper Martin, LLP, Kansas City, Missouri; John W. Mize and Peter S. Johnston, Clark, Mize & Linville, Chtd., Salina, Kansas, with him on the briefs), for Defendant-Appellee and Cross-Appellant.

Sharon J. Arkin, Arkin & Glovsky, Lake Forest, California, on the brief for Amicus Curiae.

Before LUCERO and EBEL, Circuit Judges, and FRIZZELL, District Court Judge.


LUCERO, Circuit Judge.

Brian E. Conner, M.D., and Brian E. Conner, M.D., Chartered1 ("Conner") brought this qui tam action on behalf of the United States and against Salina Regional Health Center, Inc. ("SRHC"), alleging, among other things, violations of the False Claims Act ("FCA"), 31 U.S.C. § 3729 et seq. Conner asserted that SRHC violated the FCA by seeking payment for Medicare services rendered while in violation of a...

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