UnitedHealth Group seeks dismissal of whistleblower lawsuit
In a federal court filing, the
The government itself does not validate such information when administering the traditional Medicare program,
The Friday filing comes in a lawsuit initially filed by a
"
Beyond challenging the government's theory of the case,
The government pays
In March, the federal government joined the lawsuit from the
In February, the federal government joined a similar whistleblower lawsuit from
In the Friday court filing,
The complaint fails to allege company officials who signed attestations related to the risk adjustment data believed they were submitting false information,
In addition,
"That silence speaks loudly," the insurer says in its filing. "This case has been pending for nearly a decade. ... Yet DOJ does not claim (nor could it) that CMS ever has refused to make risk adjustment payments to United as a result."
The government's complaint "fails properly to plead two elemental aspects of its claims: That United knowingly submitted false attestations, and that the government would have refused to pay United's claims if it had know of the truth," the company's filing says.
"Those failings are not careless errors," the filing says. "Rather, they reflect the broader problem with the DOJ's case, which is that it has attempted to turn a well-known, good-faith disagreement about the meaning of regulatory and statutory language into a False Claims Act suit."
Twitter: @chrissnowbeck
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