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FREY v. U.S. DEPT. OF HEALTH AND HUMAN SERVICES

No. 18-60205.

920 F.3d 319 (2019)

Christopher FREY, Petitioner v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Fifth Circuit.

FILED April 8, 2019.

Attorney(s) appearing for the Case

Thomas Alan Harris, Jr. , Harris Law Firm, P.C., Austin, TX, for Petitioner

Jaynie Randall Lilley , U.S. Department of Justice, Daniel Barry , Associate General Counsel, Robert Phillip Charrow , U.S. Department of Health & Human Services, Marleigh D. Dover , Assistant Director, U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Daniel Ray Wolfe, Jr. , Assistant Regional Counsel, Delores Thompson , U.S. Department of Health & Human Services, Office of the General Counsel Region VI, Dallas, TX, for Respondent

Stacy Lee Brainin, Esq. , Ryan Nathan Gardner , Allen Ryan Paulsen, Esq. , Haynes & Boone, L.L.P., Allyson Newton Ho, Gibson, Dunn & Crutcher, L.L.P., Dallas, TX, for Intervenor.

Before WIENER, DENNIS, and OWEN, Circuit Judges.

Health Management Systems ("HMS") contracts with state health agencies to help them recover improperly paid Medicaid funds. Christopher Frey, a regional vice president for HMS, disclosed to supervisors that he believed some of HMS's billing practices were unlawful. Frey made these disclosures in 2009, and HMS fired him in...

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