Psychiatric Facility Wants Medicare Fraud Suit Nixed

Law360, New York (January 28, 2011, 7:11 PM EST) -- A psychiatric hospital asked a judge Friday to throw out a suit filed by an employee accusing the hospital of fraudulently billing Medicaid and Medicare for inadequate services, saying the alleged misconduct would not support a False Claims Act claim.

The whistleblower, a mental health worker, accused Aurora Las Encinas LLC of providing substandard care and of general noncompliance with the Medicare conditions of participation, a standard that the U.S. Court of Appeals for the Ninth Circuit  rejected in previous FCA actions, according to a motion...
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