Judge Arthur Spatt
Relator Siegel’s Nov. 2, 2011, qui tam action under the False Claims Act (FCA) alleged Roche Diagnostics Corp.—and alleged alter ego Roche Holding AG—overbilled Medicare, Medicaid and private insurers based on false positive results caused by a software “glitch” in Roche Diagnostics’ cobas6000 testing machine. Siegel did not allege that Roche Diagnostics certified the accuracy of the “Cumulative Operations List” of tests billed, or that it directed medical providers to use that list to generate Medicare submissions. Although Roche Holding has not appeared, Siegel has not sought to hold it in default. The court dismissed Siegel’s complaint against Roche Diagnostics with prejudice. Siegel did not identify FCA provisions under which he sought recovery or the dates on which purportedly “false” claims were submitted or “false” statements made. Moreover, Siegel failed to allege details of either a specific claim for payment submitted to the government by a medical provider or specific details of an actual Medicaid/Medicare provider certification form signed by a particular provider. Nor did Siegel adequately plead that Roche Diagnostics was or should have been aware that providers were billing the government for tests not performed.
