U.S. EX REL. HIXSON v. HEALTH MANAGEMENT SYSTEMS

No. 09-3439.

613 F.3d 1186 (2010)

UNITED STATES of America, ex rel. J. Russell HIXSON; United States of America ex rel. Terrence D. Brown, Appellants, v. HEALTH MANAGEMENT SYSTEMS, INC.; ACS State Healthcare, LLC, formerly known as Consultec, Inc.; Kevin Concannon; Eugene L. Gessow, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 30, 2010.


Attorney(s) appearing for the Case

J. Russell Hixson, argued, Terrence D. Brown, on the brief, Des Moines and Clive, IA, pro se.

Barbara Boysen Galloway, Asst. Atty. Gen., argued, Des Moines, IA, for appellees Kevin Concannon and Eugene L. Gessow.

Sheila M. Gowan, Asst. Atty. Gen., argued, New York, NY, for appellee Health Management Systems, Inc.

Lorin M. Subar, argued, Dallas, TX, for appellee ACS State Healthcare, LLC.

David Swinton, AAG, Des Moines, IA, Steve Sumner, AAG, John Willett, AAG, Dallas, TX, on the brief, for appellees.

Before LOKEN, ARNOLD, and GRUENDER, Circuit Judges.


ARNOLD, Circuit Judge.

Attorneys J. Russell Hixson and Terrence Brown filed this qui tam1 action on behalf of the United States against Health Management Services (HMS) and ACS State Healthcare, two companies that contracted to perform work for Iowa's Medicaid program, and against two employees of the Iowa Department of Health Services. The relators claimed that the defendants violated the False Claims Act (FCA), see 31 U...

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