In U.S. ex rel. O'Bier v. TidalHealth Nanticoke, Inc., No. 1:19-CV-687-SB, 2021 WL 1895049 (D. Del. May 11, 2021), the court granted the defendant's motion to dismiss the relator's allegations that defendants violated the FCA by billing for services that were not medically necessary and submitting claims in violation of the AKS, the Stark Law and Medicare's "freedom of choice" rule. The relator argued that the hospital referred patients to her competitors in return for illegal kickbacks, and refused to refer patients to the relator and billed Medicare for breathing devices that were not medically necessary. The court granted the defendant's motion to dismiss because the defendant's allegations were not plausible. The court further noted that it would typically allow the relator to replead her claims with additional detail, but the relator acknowledged that she could not provide any additional evidence. Therefore, the court ultimately dismissed the case with prejudice.

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