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131654P.pdf   08/29/2014  USA ex rel Susan Thayer  v.  Planned Parenthood
   U.S. Court of Appeals Case No:  13-1654
   U.S. District Court for the Southern District of Iowa - Des Moines   
[PUBLISHED] [Wollman, Author, with Colloton and Gruender, Circuit Judges] Civil case - False Claims Act. In qui tam action alleging Planned Parenthood submitted false or fraudulent claims for Medicaid reimbursement, the district court erred in dismissing certain of plaintiff's claims as she had pled sufficiently particularized facts to support her allegations that defendant violated the False Claims Act by filing claims for (1) unnecessary quantities of birth control pills, (2) birth control bills dispensed without a prescription, (3) abortion-related services, and (4) the full amount of services where a portion or all of the charges had been paid by "'donations' Planned Parenthood coerced from patients;" however, plaintiff's allegations that Planned Parenthood violated the Act by causing other hospitals to unknowingly submit claims for abortion-related services and by upcoding were not sufficiently pled to satisfy Rule 9(b) and were properly dismissed; the courts' decision that certain claims were sufficiently pled to meet Rule 9(b)'s requirements should not be read as in any way expressing a view as to whether they survive Planned Parenthood's Rule 12(b)(6) arguments, which the district court did not address in light of its ruling that the complaint was insufficient under Rule 9(b).