DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
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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).