U.S. ex rel. Goldberg v. Rush University Medical Center

Dist. Ct. erred in dismissing plaintiff's qui tam action alleging that defendant improperly submitted fee-for-service bills to Medicare program for services rendered by supervising physicians for work performed by medical residents, where, according to Dist. Ct., instant lawsuit was too similar to allegations of wrongdoing contained in 1998 GAO report. While allegations contained in 1998 GAO report also concerned fee-for-service bills submitted by totally unsupervised medical residents, said report did not preclude instant qui tam action where GAO report did not allege type of deceit attributed to instant defendant, i.e., misrepresentation to Medicare that same supervising physician was "immediately available" to multiple residents performing concurrently scheduled medical procedures.