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U.S. EX REL. KOSENSKE v. CARLISLE HMA, INC.

No. 07-4616.

554 F.3d 88 (2009)

UNITED STATES of America ex rel. Ted D. KOSENSKE, M.D. v. CARLISLE HMA, INC.; Health Management Associates, Inc. Ted D. Kosenske, M.D., Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed January 21, 2009.

Attorney(s) appearing for the Case

Gregory M. Simpson (Argued), Simpson Law Firm, LLC, Jonesboro, GA, and Andrew M. Stone, Stone Law Firm, LLC, Pittsburgh, PA, for Appellant Ted D. Kosenske.

D. Brian Simpson, Office of the U.S. Attorney, Harrisburg, PA, for Amicus Curiae United States of America.

Larry B. Selkowitz (Argued), James W. Saxon, Stevens & Lee, Harrisburg, PA, for Appellees.

Before SLOVITER, STAPLETON and TASHIMA, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Appellant Ted D. Kosenske brought this qui tam action under the False Claims Act, 31 U.S.C. § 3729, et seq., against Carlisle HMA, Inc. ("HMA"), and its parent company, Health Management Associates, Inc. The complaint alleged that they submitted outpatient hospital claims to the Medicare program and other federal healthcare programs, falsely...

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