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ARTICLE · 09 SEPTEMBER 2013

Serial Relator Getting The Boot?

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Hospital company HCA Holdings, Inc. recently asked a federal court judge to dismiss a False Claims Act suit filed by whistleblower and former employee, Stephen McMullen.

United StatesEmployment and HR
Samantha Kingsbury
Samantha Kingsbury
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This past Friday, hospital company HCA Holdings, Inc. asked a federal court judge to dismiss a False Claims Act (FCA) suit filed by whistleblower and former employee, Stephen McMullen. Mr. McMullen worked for an HCA-affiliated hospital for a total of 20-22 days over a period of five months before accusing the company of fraudulently billing Medicare for non-invasive diagnostic vascular studies.

HCA argued that Mr. McMullen's first and amended complaints contained only generalized allegations without factual support because he only worked at one HCA-affiliated facility for a short period of time. HCA also argued that Mr. McMullen was a serial relator who had demonstrated a pattern of working for providers for a short time and then accusing them of failing to comply with technical guidance relating to accreditation of laboratories and/or the supervision of technicians performing vascular scans.

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