UNITED STATES OF AMERICA ex rel. HENRY B. HELLER, Plaintiff, v. GUARDIAN PHARMACY, LLC and GUARDIAN PHARMACY OF ATLANTA, LLC, Defendants., 521 F. Supp. 3d 1254

Summary

HOLDINGS: [1]-The court denied the defendant’s motion to dismiss because the record revealed the plaintiff sufficiently alleged defendant’s violation of the Anti-Kickback Statute by adequately pleading unlawful remuneration regarding the services provided by defendant for free or below fair market value; moreover, the plaintiff sufficiently alleged that the services provided by defendant had independent value and were not within the scope of, or integral to, the other services provided; [2]-The court granted the co-defendant’s motion to dismiss because the record revealed the plaintiff did not identify a single employee or customer of the co-defendant or alleged any specific facts showing the co-defendant offered or performed any of the at-issue services, became the preferred pharmacy for an identified community, or submitted a single claim to the government for payment.