On March 30, 2023, the United States District Court for the Northern District of Alabama granted the motion to dismiss filed on behalf of Shoals Hospital and other defendants concerning the relator’s allegations that the relator was pressured to improperly admit and retain patients in the hospital’s psychiatric unit in violation of Medicare regulations, as well as allegations that the hospital violated the Anti-Kickback Statute in connection with relator’s medical directorship payments. Applying Eleventh Circuit precedent, the district court concluded that the relator failed to plead a sufficient indicia of reliability that Shoals Hospital (or any other defendant) submitted any false claims to federal healthcare programs and failed to meet the heightened pleading requirements of Federal Rule of Civil Procedure 9(b). The district court also dismissed relator’s claims for violation of the FCA’s reverse false claims and conspiracy provisions. The Bass, Berry & Sims team included Matt Curley, John Eason and Charlotte Elam.
U.S. ex rel. Wilkerson v. RCHP-Florence d/b/a Shoals Hosp., No. 2:21-cv-00569-ACA, 2023 WL 2730259 (N.D. Ala. Mar. 30, 2023)
U.S. ex rel. Wilkerson v. RCHP-Florence d/b/a Shoals Hosp., No. 2:21-cv-00569-ACA, 2023 WL 2730259 (N.D. Ala. Mar. 30, 2023)
On March 30, 2023, the United States District Court for the Northern District of Alabama granted the motion to dismiss filed on behalf of Shoals Hospital and other defendants concerning the relator’s allegations that the relator was pressured to improperly admit and retain patients in the hospital’s psychiatric unit in violation of Medicare regulations, as well as allegations that the hospital violated the Anti-Kickback Statute in connection with relator’s medical directorship payments. Applying Eleventh Circuit precedent, the district court concluded that the relator failed to plead a sufficient indicia of reliability that Shoals Hospital (or any other defendant) submitted any false claims to federal healthcare programs and failed to meet the heightened pleading requirements of Federal Rule of Civil Procedure 9(b). The district court also dismissed relator’s claims for violation of the FCA’s reverse false claims and conspiracy provisions. The Bass, Berry & Sims team included Matt Curley, John Eason and Charlotte Elam.