Ninth Circuit Holds First-to-File Rule Is Not Jurisdictional, Revives Whistleblower Action Against Kaiser
- September 27, 2024
The full Ninth Circuit held September 25 that the False Claims Act’s (FCA’s) first-to-file rule is not jurisdictional, a departure from its previous position, in a whistleblower action against Kaiser Foundation Health Plan, Inc. alleging it engaged in an upcoding scheme to unlawfully obtain additional Medicare Advantage payments.
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