U.S. ex rel. Chovanec v. Apria Healthcare Group Inc.

Plaintiff, who filed qui tam action alleging that defendant fraudulently billed Medicare and Medicaid programs for medical devices and related services through use of improper reimbursement codes, could not maintain instant action where two prior qui tams actions, which concerned similar miscoding allegations against defendant for different time periods, were still pending at time plaintiff had filed instant action. However, plaintiff can file another qui tam action lawsuit at this time (since other qui tams actions have now been settled) if she can show that misconduct at issue in instant lawsuit was unrelated to national scheme alleged in other lawsuits.