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TRICARE provides health care insurance for active duty military personnel, military retirees, and military dependents. TRICARE is a government health care program administered by the Defense Health Agency ("DHA"), a division of the Department of Defense. 65 ¶ 3.) For purposes of the Motion to Dismiss, the parties focus primarily on the requirements of Medicare, so the court does as well. This case involves the defendants' submission of requests for reimbursement for medical services from a number of different federal and state health care programs (collectively, "Government Health Care Programs"), including Medicare, Medicaid/TennCare, TRICARE, and CHAMPVA/Choice. For the reasons set forth herein, Kroll's motion will be denied. The plaintiffs filed a Joint Memorandum in Opposition to the Partial Motion to Dismiss (Doc.
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Kroll seeks the partial dismissal of four of seven claims for relief asserted against him in the government's Consolidated Complaint. 65.) Now before the court is the Partial Motion to Dismiss the Consolidated Complaint in Intervention filed by defendant Peter Kroll, M.D. § 3713 and common law theories of payment by mistake, unjust enrichment and fraud, against defendants Anesthesia Services Associates, PLLC d/b/a Comprehensive Pain Specialists ("CPS"), Peter B. the Tennessee Medicaid False Claims Act ( "TMFCA"), Tenn.
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The United States of America and the State of Tennessee (collectively, "the government" or "plaintiffs") bring this action under the False Claims Act ("FCA"), 31 U.S.C.