Fla. Hospital Not Immune From FCA Suit, Judge Rules

Law360, New York (June 7, 2011, 7:32 PM EDT) -- A federal judge in Florida refused Monday to dismiss an employee's suit accusing Halifax Hospital Medical Center of unnecessarily admitting Medicare patients, rejecting the state-chartered hospital's contention that it enjoys Eleventh Amendment immunity from the False Claims Act suit.

U.S. District Judge Gregory A. Presnell ruled that while Halifax was a public hospital, it was not entitled to immunity from the federal court fight under the Eleventh Amendment because it failed to show that it was an arm of Florida itself. He also rejected Halifax's arguments...
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