Tenth Circuit: Polukoff v. St. Mark's Hospital

Realtor's claim that a physician was billing the government for unnecessary cardiac surgeries states a claim where the medical opinion that a procedure is reasonable and necessary does not comport with the government's definitions of reasonability and necessity.

Such a claim survives elevated pleading under the rules, as a general state of mind can be alleged.

https://www.ca10.uscourts.gov/opinions/17/17-4014.pdf