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averments within Count II involving the § 4117(a) claims track the appropriate statutory

language, but do not insert any additional particularity to State Farm’s allegations of fraud. Thus,

I am left to review the same provisions as I did in the previous section. For the same reasons

discussed in the previous section, I find that State Farm has pleaded facts that support § 4117(a)

claims only as to the reimbursement requests enumerated in paragraphs nineteen or twenty-five

or both.

Subsections (b)(2) and (b)(3) are best described as anti-kickback provisions.9 As with its

§ 4117(a) claims, to support its (b)(2) and (b)(3) claims, State Farm simply recites the

appropriate statutory text. State Farm offers no particular averments in Count II to supplement

the statutory language. Therefore, the averments that are specific to Count II do not satisfy the

pleading standard for the § 4117(b) claims. When peering outside of Count II for support, I find

9Sections 4117(b)(2) and (b)(3) provide: (b) Additional offenses defined.— ... (2) With respect to an insurance benefit or claim covered by this section, a health care provider may not compensate or give anything of value to a person to recommend or secure the provider’s service to or employment by a patient or as a reward for having made a recommendation resulting in the provider’s service to or employment by a patient; except that the provider may pay the reasonable cost of advertising or written communication as permitted by rules of professional conduct. Upon a conviction of an offense provided for by this paragraph, the prosecutor shall certifysuch conviction to the appropriate licensing board in the Department of State which shall suspend or revoke the health care provider's license. (3) A lawyer or health care provider may not compensate or give anything of value to a person for providing names, addresses, telephone numbers or other identifying information of individuals seeking or receiving medical or rehabilitative care for accident, sickness or disease, except to the extent a referral and receipt of compensation is permitted under applicable professional rules of conduct. A person may not knowingly transmit such referral information to a lawyer or health care professional for the purpose of receiving compensation or anything of value. Attempts to circumvent this paragraph through use of any other person, including, but not limited to, employees, agents or servants, shall also be prohibited.


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