U.S. ex rel. Willis v. Angels of Hope Hospice, Inc. (Summary)

FALSE CLAIMS ACT

U.S. ex rel. Willis v. Angels of Hope Hospice, Inc., No. 5:11-CV-041(MTT) (M.D. Ga. Feb. 21, 2014)

A former employee of a Medicare-certified hospice provider filed a False Claims Act complaint alleging that the hospice violated the False Claims Act and anti-kickback statute by admitting patients regardless of eligibility, falsifying medical records, withholding hospice aide visits during initial enrollment to create an appearance of decline, backdating paperwork to avoid paying for care provided to hospice enrollees and paying for referrals.  The hospice filed a motion to dismiss, arguing that the relator did not sufficiently allege that false claims were actually submitted to the Government or the underlying fraudulent schemes and did not sufficient plead the existence of a compensation arrangement that violates the anti-kickback statute.  The Federal District Court for the Middle District of Georgia denied the hospice’s motion to dismiss.