Judge:  First-To-File Bar Inapplicable In FCA Suit Against Skilled Nursing Homes

(October 4, 2023, 1:42 PM EDT) -- PHILADELPHIA — A Pennsylvania federal judge denied a motion to dismiss by a therapy service provider and its contracted skilled nursing facilities (SNFs) in a qui tam suit filed against them alleging violations of the False Claims Act (FCA) when they purportedly billed Medicare and Medicaid for unnecessary services, finding that because the suit adds materially to a prior qui tam suit filed against the service provider, the first-to-file rule does not apply to bar the more recent claims....