U.S. District Judge Roy Dalton said whistleblower Omni Healthcare, a specialty physicians group in Melbourne, Fla., is still missing crucial facts about the alleged scheme.
In its lawsuit, Omni Healthcare claims that Health First illegally tied physician compensation to how many referrals they made within the system.
In an order released Jan. 22, the judge said the lawsuit lacks specifics, including which physicians were part of the alleged scheme, when oncologists received bonuses based on drug administration and which Medicare claims were tainted due to improper referrals.
The court “cannot be left wondering whether a plaintiff has offered mere conjecture or a specifically pleaded allegation on an essential element of the lawsuit,” the judge said.
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