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McBrayer Blogs
Showing 1 post tagged AseraCare.
Good News, Providers: A Mere Difference of Medical Opinion Does Not A False Claim Make
FINALLY, some good news for providers related to false claims. In a very important Alabama case, a federal trial court granted summary judgment to AseraCare, Inc., in a False Claims Act[1] action where it had been alleged that the hospice program had knowingly submitted false claims to Medicare for patients who were allegedly not terminally ill. In its opinion, the U.S. District Court ruled that the Government may not prove falsity for purposes of the False Claims Act based solely upon the opinion of one medical expert who disagrees with the certifying physician and the patient's treating physicians about whether the medical records reported eligibility for the hospice benefit. In a ruling that all health providers can cheer, the court held that "[a] mere difference of opinion between physicians, without more, is not enough to show falsity."[2]
[1] 31 U.S.C. §§ 3729–3733
[2] United States v. AseraCare, lnc., No. 2:12-CV-245-KOB (MD
Alabama March 31, 2016) at 2. More >
