Eleventh Circuit: U.S. ex rel. Feingold v. Blue Cross and Blue Shield of South Carolina

Whether the district court erred in ruling that a non-employee relator who had a “wealth of information” about a defendant’s fraudulent scheme did not have sufficient “indicia of reliability” to satisfy Fed.R.Civ.P. 9(b) because he could not prove prior to discovery that claims were actually submitted to the Government? II. Whether the district court erred in dismissing the relators’ 31 U.S.C. § 3729 claims on the grounds that fraudulent claim records knowingly made or certified by a Medicare contractor, which allows a healthcare provider to get a false or fraudulent claim paid or approved by the Government, are not actionable because the Medicare Act includes a full immunity provision for Medicare contractors?​

Download the Amicus Brief here.