UNITED STATES OF AMERICA and the STATE OF ILLINOIS ex rel. THOMAS PROSE v. MOLINA HEALTHCARE OF ILLINOIS, INC. and MOLINA HEALTHCARE, INC.

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
November 15, 2021
Before
DIANE S. SYKES, Chief Judge
DIANE P. WOOD, Circuit Judge
DAVID F. HAMILTON, Circuit Judge
No. 20-2243
UNITED STATES OF AMERICA and
the STATE OF ILLINOIS ex rel.
THOMAS PROSE,
Plaintiffs-Appellants,
v.
MOLINA HEALTHCARE OF
ILLINOIS, INC. and MOLINA
HEALTHCARE, INC.,
Defendants-Appellees.
Appeal from the United States District
Court for the Northern District of Illinois,
Eastern Division.
No. 17 C 6638
Virginia M. Kendall,
Judge.
O R D E R
Defendants-Appellees filed a petition for rehearing and rehearing en banc on
September 2, 2021. All judges on the original panel have voted to deny rehearing and a
majority of judges in active service have voted to deny rehearing en banc, with the
following amendments to the opinion:
On page 14 of the Slip Opinion, the first full paragraph is amended to remove:
“and so Molina is mistaken when it suggests that the implied version requires
express representations about the goods or services to be provided. Material
omissions can suffice.” The final sentence of the amended paragraph now reads:
“Implied and express statements raise distinct issues, however.”

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No. 20-2243 Page 2
On page 15 of the Slip Opinion, the final sentence of the carryover paragraph is
amended to read: “The complaint must include specific allegations that show
that the omission in context significantly affected the government’s actions.”
On page 29 of the Slip Opinion (Dissent of Chief Judge Sykes), the first
paragraph after “C. Implied False Certification” is amended to remove: “That is,
the majority simply states, without explanation, that material omissions are
implied false certifications. Majority op. at 14 (‘Material omissions can suffice.’)”
In the same paragraph, the final sentence is amended to read: “That approach
cannot be squared with Escobar’s requirements for this type of FCA claim.”
IT IS HERBY ORDERED that the petition for panel rehearing and rehearing en
banc is DENIED.
IT IS FURTHER ORDERED that this court’s opinion issued August 19, 2021, is
amended as indicated in this order in a separately filed opinion issued November 15,
2021.

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