In United States ex rel. Polukoff v. St. Mark’s Hospital, a much watched False Claims Act case, the Tenth Circuit has denied a petition for en banc rehearing. The Polukoff case, which is the subject of a prior blog, held that there is no bright line rule that a medical judgment can never form the basis of a False Claims Act case. The claim asserted by the whistleblower arose from allegedly medically unnecessary open heart surgeries. Based on the 10th Circuit’s opinion, even when judgment calls are required by medical professionals, a claim may still be false under the False Claims Act.
Based on the 10th Circuit’s October 29 Order, the case will now move forward in the Utah District Court.