We served as lead counsel representing a multi-state hospice provider in an investigation of alleged False Claims Act (FCA) violations concerning the medical necessity of hospice services. Following a Department of Justice (DOJ) intervention and extensive litigation, we negotiated a successful resolution of the litigation with no payment of attorneys’ fees to relator or imposition of administrative remedies. This matter was reported by Law360 as among the Health Care Cases to Watch in 2017 for its consideration of the issue of medical necessity in FCA-related litigation.
Representation of Hospice Company: U.S. ex rel. Hinkle v. Caris Healthcare, LP (E.D. Tenn.)
You Also May Be Interested In:
Successfully represented hospital in connection with self-disclosure to U.S. Department of Justice and settlement of potential FCA claims regarding medical necessity of in-patient psychiatric services
Lead counsel representing Northwest Medical Center (Tucson, Arizona) in FCA lawsuit alleging that Northwest improperly billed Medicare for outpatient therapy services through failure to document the exact number of minutes of therapy provided to patients. The federal district court dismissed this case on the grounds that the complaint did not satisfy the pleading requirements of Rule 9(b) or plead the underlying falsity of the claims at issue. U.S. ex rel. McFeeters v. Northwest Hospital, LLC, 2015 WL 328212 (M.D. Tenn. Jan. 23, 2015)
Representation of In-Patient Addiction Treatment Facility: U.S. ex rel. Joseph v. Brattleboro Retreat (D. Vt.)
Representation of The Brattleboro Retreat, an in-patient addiction treatment facility located in Brattleboro, Vermont, in a False Claims Act (FCA) lawsuit, resulting in the district court granting the Retreat’s motion to dismiss