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Tag Archives: West Virginia

Federal Government Is On Board The Eight Pending Lawsuits Against Health Management Associates Inc.

03 Monday Feb 2014

Posted by Celia C. Elwell, RP in False Claims Act, Fraud, Health Law

≈ Comments Off on Federal Government Is On Board The Eight Pending Lawsuits Against Health Management Associates Inc.

Tags

Alabama, Arkansas, Emergency Room, ER, False Claims Act, Federal Health Care, Florida, Fraud, Gary Newsome, Georgia, Health Management Associates Inc., HMA, Hospitals, Inpatient Admissions, Kentucky, Kickbacks, Mississippi, Missouri, North Carolina Supreme Court, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas Supreme Court, Washington, West Virginia

Government Intervenes in Lawsuits Against Health Management Associates Inc. Hospital Chain Alleging Unnecessary Inpatient Admissions and Payment of Kickbacks, by Department of Justice, Office of Public Affairs

http://www.justice.gov/opa/pr/2014/January/14-civ-037.html

The government has intervened in eight False Claims Act lawsuits against Health Management Associates Inc. (HMA) alleging that HMA billed federal health care programs for medically unnecessary inpatient admissions from the emergency departments at HMA hospitals and paid remuneration to physicians in exchange for patient referrals, the Justice Department announced today.  The government also has joined in the allegations in one of these lawsuits that Gary Newsome, HMA’s former CEO, directed HMA’s corporate practice of pressuring emergency department physicians and hospital administrators to raise inpatient admission rates, regardless of medical necessity.  HMA operates 71 hospitals in 15 states: Alabama, Arkansas, Florida, Georgia, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Washington and West Virginia.

*     *     *

The lawsuits allege that HMA’s corporate officers, at the direction of Newsome, exerted significant pressure on doctors in the emergency department to admit patients who could have been placed in observation, treated as outpatients or discharged, and that this resulted in the submission of inflated or false claims to federal health care programs.  One lawsuit also alleges that patients were improperly admitted for scheduled surgical procedures that should have been done on an outpatient basis.  The complaints further allege that HMA paid kickbacks, either in the form of bonuses or awarded contracts, to physician groups staffing HMA emergency rooms to induce the physicians to admit patients unnecessarily. . . .  [Emphasis added.]

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Lawyers Flocking to West Virginia Chemical Spill Already Talking About Punitive Damages.

15 Wednesday Jan 2014

Posted by Celia C. Elwell, RP in Environment Law, Environmental Protection Agency, Punitive Damages

≈ 1 Comment

Tags

American Water Works, Bloomberg Businesweek, Charlston, Chemical Contamination, Elk River, Freedom Industries, Hill Peterson Carper Bee & Deitzler, James Peterson, Paul M. Barrett, West Virginia, West Virginia Department of Environmental Protection

Lawyers Aim Bigger Than Freedom Industries in West Virginia Chemical Spill, by Paul M. Barrett, Bloomberg Businessweek

http://tinyurl.com/lcugp8s

In a neo-Tuscan villa in an office park near the Charleston, W. Va., airport, seven West Virginia plaintiffs’ lawyers gathered on Jan. 13 for a council of war. Chemical contamination that four days earlier had cut off tap water to 300,000 West Virginians was making its way west into Ohio. Local authorities were saying that Freedom Industries, the source of the 7,500 gallons of rogue coal-processing chemical, may not have acted swiftly to warn about the seepage. And the federal prosecutor in town sounded dead serious about a criminal investigation.

No surprise, then, that the atmosphere in the elegant conference room of Hill, Peterson, Carper, Bee & Deitzler, while businesslike, had an undertone of bellicose joy. ‘We’re looking at punitive damages, ‘piercing the corporate veil’ at Freedom Industries, and holding the water company and the chemical manufacturer liable, too,’ said James Peterson, the strategy session’s host. Dressed in a black sweatsuit and tan baseball cap, he acknowledged that he hadn’t showered in five days. Then he smiled and said: ‘Neither have a lot of other people around here, and they’re pissed.’

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