United States Ex Rel. Chovanec v. Apria Healthcare Group Inc.

EASTERBROOK, Chief Judge.

The district court dismissed this qui tam action under 31 U.S.C. § 3730(b)(5), which provides: “When a person brings an action under this subsection, no person other than the Government may intervene or bring a related action based on the facts underlying the pending action.” The complaint accuses Apria Healthcare of fraudulently billing the Medicare and Medicaid programs for medical devices (such as oxygen tanks) and related services that were unnecessary or should have been recorded under less expensive reimbursement codes. According to the complaint, the fraud took…