United States Ex Rel Joshi v. St. Lukes Hospital

Dr. Keshav S. Joshi (Dr. Joshi) brought a qui tam action against St. Lukes Hospital, Inc. (St. Lukes), and Dr. Mohammed Bashiti (Dr. Bashiti), St. Lukes chief of anesthesiology, pursuant to the False Claims Act (FCA), 31 U.S.C. 3729-3733. Dr. Joshis complaint alleges that from 1989 to the present, St. Lukes and Dr. Bashiti submitted and conspired to submit false claims to the government seeking payment for anesthesia services, medical supplies, and prescriptions. The district court granted St. Lukes and Dr. Bashitis motion to dismiss for failure to plead fraud with particularity under Federal Rule of Civil Procedure 9(b). The court also denied Dr. Joshis motion to amend the complaint, concluding the proposed amendments described incidents that fell outside the statute of limitations period and did not cure the complaints deficiencies. Dr. Joshi appeals. Finding no error, we affirm.