Aetna Life Insurance Co. v. Huntingdon Valley Surgery Center

OPINIÓN **

SHWARTZ, Circuit Judge,

Aetna Life Insurance Company (“Aet-na”) sued Foundation Surgery Affiliates, LLC (“FSA”), and Foundation Surgery Management, LLC (“FSM”) (collectively, “Defendants”) for providing financial incentives, or kickbacks, to doctors to refer patients to Huntingdon Valley Surgery Center (“HVSC”) and for engaging in fraudulent billing practices. 1 The District Court granted partial summary judgment in favor of Defendants, holding that Defendants’ conduct did not violate the anti-kickback or fraud provisions of Pennsylvania’s insurance fraud statute, 18 Pa. Cons. Stat.…