United States Ex Rel. Drescher v. Highmark, Inc.

MEMORANDUM AND ORDER

ANITA B. BRODY, District Judge.

I. INTRODUCTION

The United States of America and relator Elizabeth Drescher filed this qui tam action against Highmark, Inc. (“High-mark”) for violations of the False Claims Act 1 (“FCA”), 31 U.S.C. § 3729(a)(1), for recovery of Medicare overpayments pursuant to the Medicare Secondary Payer Statute (“MSP”), 42 U.S.C. § 1395y(b)(2)(B)(ii), and for unjust enrichment and breach of contract. Counts I and II are claims against Highmark for violations of the FCA in its capacity as a private insurer and in its capacity as a public insurer,…