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United States ex rel. Thayer v. Planned Parenthood of the Heartland

United States Court of Appeals, Eighth Circuit

August 29, 2014

United States of America and State of Iowa, ex rel Susan Thayer, Plaintiffs - Appellants
v.
Planned Parenthood of the Heartland, Defendant - Appellee, United States of America; State of Iowa, Interested parties

Submitted November 20, 2013

Appeal from United States District Court for the Southern District of Iowa - Des Moines.

For United States of America and State of Iowa, ex rel Susan Thayer, Plaintiff - Appellant: Catherine Glenn Foster, M. Casey Mattox, Alliance Defending Freedom, Washington, DC; J. Russell Hixson, Hixson & Brown, West Des Moines, IA; Michael J. Norton, Alliance Defending Freedom, Greenwood Village, CO.

For Planned Parenthood of the Heartland, Defendant - Appellee: Tiffany L. Amlot, Alan Scott Gilbert, Kristen C. Rodriguez, Dentons U.S. Llp, Chicago, IL; Stanley J. Thompson, Jonathan C. Wilson, Davis & Brown, Des Moines, IA.

For United States of America, Interested party: Richard L. Richards, Assistant U.S. Attorney, U.S. Attorney's Office, Des Moines, IA.

For State of Iowa, Interested party: Charles Roderick Reynolds, Attorney General's Office, Des Moines, IA.

Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges.

OPINION

Page 915

WOLLMAN, Circuit Judge.

Susan Thayer brought this qui tam action against Planned Parenthood of the Heartland, Inc. (Planned Parenthood), alleging tat Planned Parenthood violated the False Claims Act (FCA), 31 U.S.C. § § 3729-3733, and the Iowa False Claims Act (IFCA), Iowa Code Ann. § § 685.1-.7, by submitting false or fraudulent claims for Medicaid reimbursement. The district court dismissed her complaint for failure to plead fraud with the particularity required by Federal Rule of Civil Procedure 9(b). We affirm in part, reverse in part, and remand for further proceedings.

I. Background

Planned Parenthood is an Iowa non-profit corporation that provides reproductive healthcare services to patients, including Title XIX Medicaid-eligible patients. From 1991 to December 2008, Thayer was employed as the center manager of Planned Parenthood's clinic in Storm Lake, Iowa. From 1993 to 1997, Thayer also served as the center manager of Planned Parenthood's clinic in LeMars, Iowa. Planned Parenthood operated a total of seventeen clinics throughout Iowa during the period of Thayer's employment.

Thayer's action seeks to recover funds that Planned Parenthood allegedly obtained in violation of the FCA and the IFCA. Thayer's second amended complaint (hereinafter the complaint), alleges that Planned Parenthood wrongfully obtained Medicaid reimbursements for prescriptions and services that either were not reimbursable or were not reimbursable in the amounts claimed. ...


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