In this appeal, we are asked to consider whether the medical director and manager of a Medicare and Medicaid provider who supervised the payment of kickbacks occupied a position of trust for purposes of U.S. Sentencing Guidelines Manual § 3B1.3 (2013), which provides for a two-level upward adjustment in offense level for abuse of a position of trust. We hold that on the facts of this case, the Di... More...   $0 (12-31-2014 - NJ)

Jeanna Cheney appeals the Court of Appeals' decision affirming the district court's award of residential custody of her daughter, Justine Poore, to Justine's father, Zachary Poore. Like the Court of Appeals, we conclude that the district court erred in applying K.S.A. 2013 Supp. 23-3207(b) (dividing the residency of full siblings
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between their parents) to the residential custody determin... More...   $0 (12-19-2014 - KS)

DALLAS, TX — A Dallas woman who stole the identity of a registered nurse and used that identity to work at several Dallas-Fort Worth (DFW) area hospice companies, appeared before U.S. Magistrate Judge David L. Horan, and pleaded guilty to a federal offense stemming from that conduct.

Jada Necole Antoine, 33, pleaded guilty to one count of fraud in connection with means of identification... More...   $0 (12-09-2014 - TX)

This is Dagmar Hale's second appeal in a class action against Sharp Healthcare and Sharp Grossmont Hospital (together Sharp) contending Sharp unfairly charged her and other uninsured patients more for emergency services than the fees it accepted from patients covered by private insurance or governmental plans. In the first appeal, we partially reversed a judgment of dismissal following a demurrer.... More...   $0 (12-05-2014 - CA)

LOS ANGELES – Rite Aid Corporation has paid the United States $2.99 million to resolve allegations that it violated the False Claims Act by inappropriately using gift cards as inducements, the Department of Justice announced today.

The settlement resolves allegations that Rite Aid offered illegal inducements to Medicare and Medicaid beneficiaries to transfer their prescriptions to Rite... More...   $2990000 (12-03-2014 - CA)

MISSOULA, MT – A respiratory therapist from Rexford, Montana was sentenced to 12 months and one day for defrauding Medicaid of over $1.4 million and filing tax returns that failed to report her correct income resulting in a tax loss of over $200,000. Anna Sue Tope, 67, was the vice president of Eagle Calf Technical Corporation (Eagle Calf), a company providing medical equipment and services on t... More...   $0 (11-26-2014 - MT)

DALLAS, TX — A former employee at Parkland Hospital in Dallas appeared in federal court and pleaded guilty, before U.S. Magistrate Judge Renée Harris Toliver, to a federal felony offense stemming from his theft of patient information from the hospital.

Viju Mathew, 49, of Garland, Texas, pleaded guilty to one count of fraud and related activity in connection with identification documen... More...   $0 (11-25-2014 - TX)

Eight residents of Miami-Dade County and three residents of Nicaragua have been charged for their alleged participation in a $25.2 million Medicare, Medicaid, and wire fraud scheme.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Pam Bondi, Florida Attorney General, Derrick L. Jackson, Special Agent in Charge, U.S. Department of Health and Human Services, O... More...   $0 (11-19-2014 - FL)

The former chief operating officer of a Miami-area hospital pleaded guilty today for his role in a mental health care fraud scheme that resulted in the submission of more than $67 million in fraudulent claims to Medicare by a state-licensed psychiatric hospital located in Hollywood, Florida, that purported to offer both inpatient and outpatient mental health services.

U.S. Attorney Wifred... More...   $0 (11-18-2014 - FL)

Defendant, Prime Healthcare Services, Inc., appeals from a December 16, 2013 order denying its petition to compel arbitration and strike class claims. Plaintiff, Maucabrina Willis, cross-appeals from a December 16, 2013 order denying her Code of Civil Procedure section 128.71 sanctions motion. Plaintiff and defendant are subject to both individual and collective bargaining agreements. Defendant ar... More...   $0 (11-15-2014 - CA)

SAN FRANCISCO, CA – Dignity Health has agreed to pay the United States $37 million to settle allegations that 13 of its hospitals in California, Nevada, and Arizona knowingly submitted false claims to Medicare and TRICARE by admitting patients who could have been treated on a less costly, outpatient basis, announced today United States Attorney Melinda Haag, Acting Assistant Attorney General Joy... More...   $0 (11-09-2014 - )

We accepted jurisdiction to review the Third District Court of Appeal’s decision in Garcon v. Agency for Health Care Administration, 96 So. 3d 472 (Fla. 3d DCA 2012), based on express and direct conflict with Smith v. Agency for Health Care Administration, 24 So. 3d 590 (Fla. 5th DCA 2009), and Roberts v. Albertson’s, Inc., 119 So. 3d 457 (Fla. 4th DCA 2012), on the issue of whether a plaintif... More...   $0 (11-06-2014 - FL)

Visiting Nurse Association of Florida, Inc., seeks review of the decision of the Fourth District Court of Appeal in Jupiter Medical Center, Inc. v. Visiting Nurse Ass’n of Florida, Inc., 72 So. 3d 184 (Fla. 4th DCA 2011), on the ground that it expressly and directly conflicts with a decision of the Fifth District Court of Appeal in Commercial Interiors Corp. of Boca Raton v. Pinkerton & Laws, In... More...   $0 (11-06-2014 - FL)

SACRAMENTO, CA – Biotronik Inc. of Lake Oswego, Oregon, has agreed to pay the United States $4.9 million to resolve allegations under the False Claims Act that the company made various improper payments to induce physicians to use devices manufactured and sold by Biotronik, United States Attorney Benjamin B. Wagner and the Justice Department announced today.

“When medical device manuf... More...   $0 (11-06-2014 - CA)

HOUSTON, TX – Dr. Dennis B. Barson Jr., 44, and his medical clinic administrator, Dario Juarez, 54, have been convicted on all counts as charged in a conspiracy to defraud Medicare of $2.1 million in less than two months, announced U.S. Attorney Kenneth Magidson. Co-defendant Edgar Shakbazyan entered a guilty plea Oct. 24, 2014. The verdicts were returned just moments ago following seven days of... More...   $0 (11-05-2014 - TX)

DALLAS, TX — Physician and Others Sentenced in “Pill Mill” Case -Nicolas Padron Ran “Cash Only” Padron Wellness Clinic in Dallas “Patients” Often Recruited From Homeless Shelters

A physician who ran a “cash only clinic” in Dallas that operated not as a legitimate medical facility, but as a place to unlawfully obtain controlled substances, and several coconspirators who o... More...   $0 (10-30-2014 - TX)

This is a medical malpractice case arising out of the treatment of Rosamond Mattox at Life Care of Lewiston (LCL). The plaintiff-appellant, Rosamond’s son Gene Mattox, claimed that LCL’s sub-standard care caused his mother’s death. The district court excluded Gene’s experts’ affidavits after concluding that they failed to demonstrate actual knowledge of the applicable standard of health ... More...   $0 (10-29-2014 - ID)

Miami, FL - Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Attorney General Pam Bondi announce the sentencing of Yamile Calvo-Gonzalez, 41, of Homestead. United States District Judge Joan A. Lenard sentenced Calvo-Gonzalez to 66 months in prison, to be followed by three years of supervised release, and ordered her to pay $2,015,286.24 in restitution to the Cent... More...   $0 (10-14-2014 - FL)

This appeal involves a federal preemption challenge to a Florida statute requiring presuit actions by an individual plaintiff before he may bring a medical Case: 13-14637 Date Filed: 10/10/2014 Page: 1 of 36
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negligence claim in Florida state court. The district court held that one of those presuit requirements in Florida Statute § 766.1065—that the plaintiff execute a written authoriz... More...   $0 (10-10-2014 - FL)

GRAND RAPIDS, MICHIGAN – U.S. District Judge Robert Holmes Bell sentenced Mohamad Abduljaber, 50, of Okemos, Michigan to three and a half years of imprisonment on charges of receipt of health care kickback payments and falsifying an income tax return, U.S. Attorney Patrick Miles announced today.

The convictions arise from an Indictment which charged that between January 2004 ... More...   $0 (10-06-2014 - MI)

Grand Rapids, Michigan - Office Manager and Husband of Lansing Area Doctor Sentenced to Prison for Accepting Kickbacks and for Not Reporting to the IRS Income from Medical Marijuana Certification

U.S. District Judge Robert Holmes Bell sentenced Mohamad Abduljaber, 50, of Okemos, Michigan to three and a half years of imprisonment on charges of receipt of health care kickback payments and f... More...   $0 (10-06-2014 - MI)

Miami, FL - An administrator of a Miami home health care company, Professional Medical Home Health LLC, was sentenced to serve 68 months in prison and ordered to pay $6,257,142 million in restitution today for her participation in a $6 million health care fraud scheme.

U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Assistant Attorney General Leslie R. Caldwell of the... More...   $0 (09-29-2014 - FL)

GREENSBORO, NC - A Timberlake, North Carolina, woman pleaded guilty to health care fraud and money laundering.

Tracie Yvette Clay, 46, of Timberlake, North Carolina, pleaded guilty in federal court in Greensboro before Chief United States District Court Judge William L. Osteen, Jr., to felony charges of health care fraud and money laundering.

Clay operated a mental health busines... More...   $0 (09-02-2014 - NC)

Plaintiffs Nick Coons and Eric N. Novack brought a facial
constitutional challenge to two provisions of the Patient
Protection and Affordable Care Act, Pub. L. No. 111-148,
124 Stat. 119 (2010), as amended by Health Care and
Education Reconciliation Act of 2010, Pub. L. No. 111-152,
124 Stat. 1029 (“Affordable Care Act”): the individual
mandate, which requires that indi... More...   $0 (09-02-2014 - AZ)

Allergan, a specialty pharmaceutical manufacturer,
produces Botox, a well-known cosmetic and therapeutic drug.
In 2010, faced with allegations that it had acted illegally in
marketing and labeling Botox, Allergan settled several qui
tam suits and pled guilty in a criminal case. Allergan
ultimately paid a total of $600 million in part for civil
settlements and in part as a c... More...   $0 (09-02-2014 - CA)