Boilerplate isn’t material

The relator in United States ex rel Porter v. Magnolia Health Plan “allege[d] that her former employer, which contracts with the Mississippi Division of Medicaid, is violating the False Claims Act by using licensed professional nurses for tasks that require the expertise of registered nurses.” The Fifth Circuit affirmed dismissal: “Plaintiff-Appellant’s first amended complaint makes no specific allegations regarding the materiality of Magnolia’s alleged fraud. The contracts between Magnolia and MississippiCAN do not require Magnolia to staff care or case manager positions with registered nurses, and they contain only broad, boilerplate language requiring Magnolia to follow all laws.” No. 18-60746 (April 15, 2020) (unpublished).