Tacoma, Wash.-based MultiCare Health’s motion to dismiss a whistleblower lawsuit over alleged unnecessary spine surgeries was denied, according to an order filed March 26 in the U.S. District Court for the Eastern District of Washington.
The health system sought to dismiss the lawsuit, which alleges it fraudulently billed federal healthcare programs for spine surgeries performed by Jason Dreyer, DO, at Deaconess Hospital in Spokane, in October.
Dr. Dreyer worked at Providence St. Mary’s Medical Center in Walla Walla, Wash, and he moved to MultiCare in 2019 amid allegations he was performing medically unnecessary surgeries. The lawsuit alleges that MultiCare was aware of “red flags” but still hired him.
MultiCare’s motion to dismiss the lawsuit argues that it didn’t plead the False Claim Act. But a judge said the complaint plausibly states the False Claim Act allegations. The health system also asked the court to strike parts of the plaintiff’s Statement of Disputed and Additional Facts, but a judge declined because the health system “is asking for an extreme sanction that is not warranted in this case.”
