151780P.pdf   08/08/2016  Paul Allen Olson  v.  Fairview Health Services of MN
   U.S. Court of Appeals Case No:  15-1780
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Smith, Author, with Chief Judge Riley and Shepherd, Circuit 
   Judges] 
   Civil Case - False Claims Act. District court's dismissal of claim that 
   the University of Minnesota Medical Center fraudulently induced the 
   Minnesota Department of Human Services to overreimburse it for services 
   provided to Medical Assistance patients is affirmed. Efforts to exempt 
   children's units from a rate reduction is not a false claim under state or 
   federal false claims acts. Because the language in the exemption amendment 
   as to what is a children's hospital is ambiguous, there can be no false or 
   fraudulent claim. Olson did not allege with sufficient particularity a 
   violation of section 3729(a)(1)(B). District court did not err in 
   concluding Olson failed to show that UMMC violated section 3729(a)(1)(G) 
   by concealing obligation to pay back money it knew it illegally received. 
   Olson waived his claim the district court abused its discretion in denying 
   a motion to amend the complaint a third time, and even if not waived, the 
   district court correctly concluded the proposed amendments were futile. 
   Chief Judge Riley concurs in part and dissents in part relating to section 
   3729(1)(G)