UNITED STATES EX REL. OWSLEY v. FAZZI ASSOCIATES

No. 19-4240.

16 F.4th 192 (2021)

UNITED STATES of America, et al., EX REL. Cathy OWSLEY, Relator-Appellant, v. FAZZI ASSOCIATES, INC.; Care Connection of Cincinnati; Gem City Home Care; Ascension Health Care; Envision Healthcare Holdings, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 13, 2021.


Attorney(s) appearing for the Case

ARGUED: Warner Mendenhall , THE LAW OFFICES OF WARNER MENDENHALL, Akron, Ohio, for Appellant. Douglas H. Hallward-Driemeier , ROPES & GRAY LLP, Washington, D.C., for Appellee Fazzi Associates, Inc. George B. Breen , EPSTEIN BECKER & GREEN, P.C., Washington, D.C., for Appellees Care Connection of Cincinnati, Gem City Home Care, Ascension Home Care, and Envision Healthcare Holdings, Inc. ON BRIEF: Warner Mendenhall , THE LAW OFFICES OF WARNER MENDENHALL, Akron, Ohio, for Appellant. Douglas H. Hallward-Driemeier , ROPES & GRAY LLP, Washington, D.C., John P. Bueker , ROPES & GRAY LLP, Boston, Massachusetts, for Appellee Fazzi Associates, Inc. George B. Breen , Erica Sibley Bahnsen , Elizabeth A. Harris , EPSTEIN BECKER & GREEN, P.C., Washington, D.C., Jason W. Hilliard , DINSMORE & SHOHL LLP, Cincinnati, Ohio, for Appellees Care Connection of Cincinnati, Gem City Home Care, Ascension Home Care, and Envision Healthcare Holdings, Inc.

Before: KETHLEDGE, DONALD, and LARSEN, Circuit Judges.


OPINION

Cathy Owsley—a nurse for defendant Care Connection, a company providing home-health care to Medicare patients— alleged in considerable detail that she observed, firsthand, documents showing that her employer had used fraudulent data from Fazzi Associates, Inc. to submit inflated claims for...

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