Representation of In-Patient Addiction Treatment Facility: U.S. ex rel. Joseph v. Brattleboro Retreat (D. Vt.)

We served as lead counsel representing a not-for-profit in-patient addiction treatment facility located in Brattleboro, Vermont, in a qui tam lawsuit alleging violations of the False Claims Act (FCA) based on allegations that the provider submitted false claims for reimbursement to state and federal payers and by using internal accounting codes to mask alleged overpayments. The district court granted the provider’s motion to dismiss, concluding that the relator failed to satisfy the pleading requirements of Rule 9(b) of the Federal Rules of Civil Procedure and that certain of the relator’s claims were time-barred. This district court’s opinion is one of the few reported decisions in the District of Vermont considering the pleading requirements for FCA violations. Reported case: U.S. ex rel. Joseph v. Brattleboro Retreat, 2014 U.S. Dist. LEXIS 110153 (D. Vt. Aug. 10, 2014).