POLANSKY et al. V. EXECUTIVE HEALTH RESOURCES INC. et al.

Filing 104

REDACTED MEMORANDUM AND/OR OPINION ORDER THAT RELATOR'S CLAIMS UNDER THE NEW MEXICO MEDICAID FALSE CLAIMS ACT IN COUNTS XLVII AND XLVIII OF HIS SECOND AMENDED COMPLAINT (DOC. NO. 12) ARE DISMISSED WITHOUT PREJUDICE PURSUANT TO FEDERAL RULE OF CI VIL PROCEDURE 41(a)(1). EXECUTIVE HEALTH RESOURCES, INC.'S MOTION IS GRANTED TO THE EXTENT THAT RELATOR'S REMAINING STATE LAW CLAIMS AGAINST IT ARE DISMISSED WITH LEAVE TO AMEND. EXECUTIVE HEALTH RESOURCES, INC.'S MOTION IS DENIED IN A LL OTHER RESPECTS AND UNITEDHEALTH GROUP, INC., UNITEDHEALTHCARE SERVICES, INC., OPTUM, INC., AND OPTUMSIGHT, INC.'S MOTION TO DISMISS IS GRANTED AND RELATOR'S REMAINING CLAIMS AGAINST THEM ARE DISMISSED WITH LEAVE TO AMEND AND YALE-NEW HAV EN HOSPITAL, INC. AND COMMUNITY HOSPITAL OF THE MONTEREY PENINSULA'S MOTION TO DISMISS IS GRANTED AND RELATOR'S CLAIMS AGAINST THEM ARE DISMISSED WITH LEAVE TO AMEND. RELATOR JESSE POLANSKY MAY FILE AN AMENDED COMPLAINT ON ALL CLAIMS THAT H E HAS NOT VOLUNTARILY DISMISSED BY 6/13/2016 TO THE EXTENT THAT HE CAN PLEAD SUFFICIENT FACTS UPON WHICH TO DO SO. IT IS FURTHER ORDERED THAT, BECAUSE THIS ORDER AND THE ACCOMPANYING MEMORANDUM OF LAW MAY CONTAIN CONFIDENTIAL INFORMATION, THEY HAVE B EEN FILED UNDER SEAL PENDING REVIEW BY THE PARTIES TO PERMIT THE PARTIES TO MEET AND CONFER AND PROPOSE A SINGLE JOINTLY REDACTED VERSION OF THE ORDER AND THE ACCOMPANYING MEMORANDUM OF LAW. ON OR BEFORE 6/13/2016, THE PARTIES SHALL PROVIDE THE COURT WITH ANY PROPOSED REDACTED ORDER AND ACCOMPANYING MEMORANDUM OF LAW OR SHALL INFORM THE COURT THAT NO REDACTIONS ARE REQUIRED. THE PARTIES SHALL ALSO ADVISE THE COURT OF ANY FURTHER ACTION TO BE TAKEN, IF ANY, BEFORE A PUBLICLY-AVAILABLE VERSION OF THIS ORDER AND THE ACCOMPANYING MEMORANDUM OF LAW MAY BE ISSUED. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 5/10/2016. 7/26/2016 ENTERED AND COPIES MAILED. (emssl)

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lN THE UNITED ST ATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION
NO. 12-4239

UNITED ST ATES OF AMERICA, et al.
ex rel. JESSE POLANSKY, M.D., M.P.H.

FILED

v.
EXECUTIVE HEALTH RESOURCES,
INC., et al.

MAY 10 Z01b
MICHAELE. KUt'IJZ, Clerk
By

Dep. Clerfc

ORDER
AND NOW, this 10th day of May, 2016, upon consideration of defendant Executive
Health Resources, lnc.'s motion to dismiss relator's second amended complaint (Dkt. No. 52,
Ex. A), defendants UnitedHealth Group, Inc., United HealthCare Services, Inc., Optum, Inc., and
Optumlnsight, lnc.'s motion to dismiss (Dkt. No. 51), defendants Yale-New Haven Hospital,
Inc. and Community Hospital of the Monterey Peninsula's motion to dismiss (Dkt. No. 90),
relater Jesse Polansky's opposition briefs (Dkt. No. 62, attached briefs) and the parties'
supplemental briefs (Dkt. Nos. 70, 78, 84 and 89), and consistent with the accompanying
Memorandum of Law, it is ORDERED that:
1.

Relator's claims under the New Mexico Medicaid False Claims Act in Counts
XLVII and XLVIII of his second amended complaint (Dkt. No. 12) are
DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure
41(a)(l);

2.

Executive Health Resources, lnc.'s motion is GRANTED to the extent that
relator's remaining state law claims against it are DISMISSED with leave to
amend. Executive Health Resources, Inc. 's motion is DENIED in all other
respects; and

3.

UnitedHealth Group, Inc., United HealthCare Services, Inc., Optum, Inc., and

Optumlnsight, Inc. 's motion to dismiss is GRANTED and relator's remaining
claims against them are DISMISSED with leave to amend; and
4.

Yale-New Haven Hospital, Inc. and Community Hospital of the Monterey
Peninsula's motion to dismiss is GRANTED and relator's claims against them are
DISMISSED with leave to amend.

Relator Jesse Polansky may file an amended complaint on all claims that he has not
voluntarily dismissed by June 13, 2016 to the extent that he can plead sufficient facts upon which

to do so.
It is FURTIIER ORDERED that, because this Order and the accompanying
Memorandum of Law may contain confidential information, they have been filed under seal
pending review by the parties to permit the parties to meet and confer and propose a single
jointly redacted version of the Order and the accompanying Memorandum of Law. On or before
June 13, 2016, the parties shall provide the Court with any proposed redacted Order and
accompanying Memorandum of Law or shal I inform the Court that no redactions are required.
The parties shall also advise the Court of any further action to be taken, if any, before a publiclyavailable version ofthls Order and the accompanying Memorandum of Law may be issued.

~V),o:~~
THOMAS N. O'NEILL, JR., J.

ENTERED
MAY 11 2016
CLERK OF COURT

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