U.S. ex rel. Prather v. Brookdale Senior Living Communities, Inc.

We served as lead counsel representing a home health company in extensive litigation concerning company-wide FCA litigation alleging that the company billed Medicare for home health claims where it had failed to obtain timely physician signatures on home health certifications. The district court dismissed the lawsuit for failure to plead that lack of timely signatures was material to the payment of claims as required under Escobar. The U.S. Court of Appeals for the Sixth Circuit reversed the dismissal 2-1 and the Supreme Court denied to grant certiorari. After remand, we aggressively sought discovery from CMS relating to past payment practices of home health claims, which ultimately led to the relator voluntarily dismissing the case.

Law360 provided an in-depth analysis of the case, in the article, “Epic Escobar Split Needs High Court Help: Home Health Co.” (November 20, 2018)

Brookdale Senior Living (NYSE: BKD) is the nation’s largest owner and operator of senior living communities throughout the United States and a leading national provider of senior-related services.

We served as lead counsel representing a home health company in extensive litigation concerning company-wide FCA litigation alleging that the company billed Medicare for home health claims where it had failed to obtain timely physician signatures on home health certifications. The district court dismissed the lawsuit for failure to plead that lack of timely signatures was material to the payment of claims as required under Escobar. The U.S. Court of Appeals for the Sixth Circuit reversed the dismissal 2-1 and the Supreme Court denied to grant certiorari. After remand, we aggressively sought discovery from CMS relating to past payment practices of home health claims, which ultimately led to the relator voluntarily dismissing the case.

Law360 provided an in-depth analysis of the case, in the article, “Epic Escobar Split Needs High Court Help: Home Health Co.” (November 20, 2018)

Brookdale Senior Living (NYSE: BKD) is the nation’s largest owner and operator of senior living communities throughout the United States and a leading national provider of senior-related services.