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U.S. EX REL. HOBBS v. MEDQUEST ASSOCIATES, INC.

No. 11-6520.

711 F.3d 707 (2013)

UNITED STATES of America, ex rel.; Karen J. HOBBS, Plaintiffs-Appellees, State of Tennessee, ex rel., Plaintiff, v. MEDQUEST ASSOCIATES, INC.; BioImaging at Charlotte, Inc.; BioImaging of Cool Springs, Inc.; BioImaging at Harding, Inc., nka BioImaging at Edmondson, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 1, 2013.

Attorney(s) appearing for the Case

ARGUED: Jeffrey S. Bucholtz , King & Spalding LLP, Washington, D.C., for Appellants. Christine N. Kohl , United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Jeffrey S. Bucholtz , Paul A. Mezzina , King & Spalding LLP, Washington, D.C., Britt King Latham , Bass, Berry & Sims, Nashville, Tennessee, Rebekah N. Plowman , Kristen Pollock McDonald , Nelson, Mullins, Riley & Scarborough, LLP, Atlanta, Georgia, for Appellants. Christine N. Kohl , Thomas M. Bondy , United States Department of Justice, Washington, D.C., for Appellees. Paul W. Kim , Ober Kaler Grimes & Shriver, Baltimore, Maryland, for Amicus Curiae.

Before: KEITH, CLAY, and ROGERS, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

MedQuest Associates, Inc. and three of its subsidiaries (collectively "MedQuest") appeal an $11,110,662.71 judgment against them for filing false claims for reimbursement under Medicare Part B in this False Claims Act (FCA) qui tam action. The claims fall into two categories: (1) claims that were false because MedQuest used physician supervisors who were not approved by the local Medicare carrier, and (2) claims that...

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