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United States Court of Appeals for the Eleventh Circuit
April 22, 2022, Filed
PER CURIAM: [*2]
Troy Olhausen appeals from the dismissal of his False Claims Act ("FCA") action against Arriva Medical, LLC ("Arriva"), Alere, Inc. ("Alere"), American Medical Supplies, Inc., and Abbott Laboratories, Inc. ("Abbott") (collectively, "Defendants"). Because dismissal was appropriate, we affirm.
Arriva was a Florida provider of mail-order diabetic testing supplies and other medical products. Olhausen was Arriva's Senior Vice President of Business Development and Marketing. In 2011, Alere acquired Arriva. In 2013, the Centers for Medicare and Medicaid Services ("CMS") awarded Arriva a Durable Medical Equipment, Prosthetics/Orthotics and Supplies ("DMEPOS") competitive bidding contract to provide Medicare beneficiaries with mail-order diabetic supplies. In 2017, Abbott acquired Alere, and closed Arriva soon after.
According to Olhausen's second amended complaint, Arriva violated a number of Medicare rules in the course of furnishing supplies to its patients. As relevant here, Olhausen alleged that Arriva provided mail-order diabetic testing supplies without obtaining required Assignment of Benefit forms from patients. Olhausen also alleged that Arriva violated Medicare rules and the terms of its competitive-bid [*3] contract when it failed to disclose or accredit its Tennessee, Arizona, and Philippines call-center locations. Finally, he alleged that Arriva conspired with its parent companies, Alere and Abbott to submit false Medicare claims based on regulatory violations alleged in the other Counts.
The district court granted the Defendants' motion to dismiss on the grounds that Olhausen failed to sufficiently plead his claims.
STANDARD OF REVIEW
"We review a dismissal with prejudice for failure to state a claim under the False Claims Act de novo." Urquilla-Diaz v. Kaplan Univ., 780 F.3d 1039, 1050 (11th Cir. 2015) (citing Hopper v. Solvay Pharms., Inc., 588 F.3d 1318, 1324 (11th Cir.2009)). "In doing so, we accept the allegations in the complaint as true and construe them along with the reasonable inferences therefrom in the relator's favor." Id. (citing McNutt v. Haleyville Med. Supplies, Inc., 423 F.3d 1256, 1259 (11th Cir.2005)).
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2022 U.S. App. LEXIS 10989 *; 2022 WL 1203023
TROY OLHAUSEN, Plaintiff-Appellant, versus ARRIVA MEDICAL, LLC, ALERE, INC., AMERICAN MEDICAL SUPPLIES, INC., ABBOTT LABORATORIES, INC., Defendants-Appellees.
Notice: PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.
Subsequent History: Petition for certiorari filed at, 10/18/2022
Prior History: [*1] Appeal from the United States District Court for the Southern District of Florida. D.C. Docket No. 1:19-cv-20190-RNS.
United States ex rel. Olhausen v. Arriva Med., LLC, 482 F. Supp. 3d 1228, 2020 U.S. Dist. LEXIS 155428, 2020 WL 5077170 (S.D. Fla., Aug. 26, 2020)
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