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This archive displays posts tagged as relevant to certifications as a basis for liability in whistleblower litigation. You may also be interested in our pages:

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June 11, 2019

Richard Moore, a contractor at the Savannah River Nuclear Site in South Carolina, has agreed to pay $1.6 million to resolve allegations of defrauding the government.  Through his companies, Carolina Sodding Services, LLC and Carolina Enterprises of the Lowcountry, LLC, Moore allegedly violated the False Claims Act by submitting false certifications that his companies were women-owned businesses,[no comma needed] and submitting false invoices for materials that were never provided.  USAO SC

May 31, 2019

A Kansas hospital accused of submitting false claims to Medicare and Medicaid has agreed to pay $250,000 to settle a qui tam suit by Bashar Awad and Cynthia McKerrigan, with about $50,000 of the recovery going to the whistleblowers.  According to the suit, from 2012 to 2013, Coffey Health System falsely attested to having conducted or reviewed security risk analyses of electronic health records (EHR), which was a requirement under a federal incentive program that pays healthcare providers for adopting certified EHR technology.  USAO KS

February 27, 2019

Tennessee-based skilled nursing facility chain Vanguard Healthcare LLC, along with former executives William Orand and Mark Miller, have agreed to pay upward of $18 million to resolve False Claims allegations of billing Medicare and Medicaid for worthless and "grossly substandard nursing home services." According to press releases, five facilities in the Vanguard network allegedly submitted false claims for reimbursement, despite a litany of failures, including forging nurse and physician signatures, using unnecessary physical restraints on residents, failing to prevent pressure ulcers, failing to provide wound care as ordered, failing to provide standard infection control, failing to administer medications as prescribed, and failing to meet basic nutrition and hygiene requirements. The case is considered the largest case of fraud involving worthless services in state history. DOJ; USAO MDTN

February 5, 2019

Tennessee Health Management, Inc (THM) has agreed to pay over $9.7 million to settle fraud allegations, with over $5 million going to the United States and over $4 million going to the State of Tennessee. From 2010 to 2017, the skilled nursing facility management company allegedly submitted claims with false physician certifications to the state's Medicaid Program, TennCare, in violation of TennCare's rules as well as the False Claims Act. As part of the settlement, THM has also agreed to sign a Corporate Integrity Agreement. USAO MDTN

January 29, 2019

Two doctors and a health clinic owner in the Houston area have each been sentenced to decades in prison following their convictions for Medicare fraud. In one case involving three defendants—clinic owner Ann Shepherd, doctor John Ramirez, and Yvette Nwoko—Medicare paid over $17 million in fraudulent claims resulting from false certifications related to services not medically necessary or properly provided. Defendants Shepherd was sentenced to 30 years in prison, and ordered to pay $20 million; Ramirez was sentenced to 25 years in priosn and ordered to pay $26 million; Nwoko awaits sentencing. In a second case, related case, doctor Anh Do was sentenced to three years in prison and ordered to pay almost $2 million in restitution on similar charges. DOJ 1; DOJ 2

January 28, 2019

A producer of fish oil and fishmeal products, Omega Protein Corp., has agreed to pay $1 million to resolve allegations that when the company applied for a $10 million federal loan, it falsely certified that it was complying with federal environmental laws when, in fact, it was knowingly violating the Clean Water Act by discharging oil into U.S. waters. In 2013, the company pleaded guilty to criminal violations of the CWA.   The civil settlement arises from a False Claim Act case filed by a former employee of Omega, Keland O. Harrison, who will receive $200,000 of the settlement proceeds.  DOJ

September 7, 2017

The Hartford Dispensary will pay $627,000 through a federal-state settlement to resolve allegations that it violated the False Claims Act by falsely certifying to federal and state officials that it had a current medical director that was performing his duties in accordance with federal and state law. In 2014, the Office of the Attorney General commenced an investigation after a whistleblower complaint about the Hartford Dispensary, a private nonprofit behavioral health organization; the investigation was followed by a qui tam lawsuit alleging various violations of the state and federal False Claims Act. The state’s investigation focused on services that Hartford Dispensary provides as an opioid treatment program – primarily methadone and detoxification services.

June 29, 2017

Constantine Cannon associate Rosie Griffin quoted in the Bloomberg BNA article, Government Behavior Overtakes Conditions of Payment in FCA actions. Click here to read more.

June 9, 2017

Eric Havian quoted in the Bloomberg article on the Supreme Court's Escobar decision, Growing Pains Remain One Year After Implied Certification Ruling. Click here to read the article.

Ninth Circuit Applies Escobar, Dismisses Whistleblower Suit against Government Contractor

Posted  01/18/17
By Hallie Noecker Last Thursday, the Ninth Circuit issued United States ex rel. Kelly v. Serco, Inc., the latest in a series of False Claims Act decisions—including in the First, Seventh, and Eighth Circuits—wrestling with the Supreme Court’s holding on materiality in Universal Health Services, Inc. v. United States ex rel. Escobar. Citing Escobar’s “rigorous” and “demanding” materiality standard,...


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