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The 7th Circuit on Monday revived claims that Rush University Medical Center fraudulently overbills Medicare for surgeries performed by residents without supervision by a teaching physician.

The 2004 lawsuit, filed by Rush orthopedic surgeon Robert Goldberg, M.D., and former administrator June Beecham, says residents routinely operate on patients unsupervised by their training physicians, and that the teaching hospital then fraudulently bills Medicare for the services.

Rush permitted teaching physicians to supervise multiple surgeries simultaneously, either bouncing back and forth between operations or watching residents on video monitors remotely, according to the complaint.