Elder Justice Prosecutor Samples

In the United States District Court, Western District of Washington, Sheri Sweeney, ex rel. United States of America v. Manorcare Health Services, Inc., a Delaware Corporation, and Stacey Mesaros, United States Statement of Interest pursuant to 28 U. S. C 517 and Amicus Brief in response to Relator's Motion to Submit an Amended Complaint. Plaintiff urges the Court to reconsider and clarify its prior analysis of Relator's worthless services and "regulatory violations" claims because that may form the basis for a viable FCA violation, oral argument required. (1/30/2006)

In the United States District Court, Eastern District of Missouri, Eastern Division, United States v. Robert D. Wachter, American Healthcare Management, Claywest House Healthcare, Oak Forest North, and Lutheran Healthcare, Indictment. Conspiracy, false statements concerning health care. (11/17/2005)

Settlement Agreement between the U.S.; the State of Missouri; and Defendants American Health Management, Inc., Claywest House Healthcare LLC, Lutheran Healthcare LLC, Oak Forest North LLC, Robert D. Wachter, and R. William Breece, regarding submission of false claims seeking per diem reimbursement from Medicare for nursing care, bed and board, supplies and services. (10/14/2005)

United States and the State of Colorado v. Health Care Management Partners, Ltd, (HCMP), et al., in the United States District Court for the District of Colorado, Defendant V. Robert Salazar's Motion to Dismiss and Supporting Brief. (3/1/2005)

United States and the State of Colorado v. Health Care Management Partners, Ltd, (HCMP), d/b/a O'Hara Regional Center for Rehabilitation, ORCR, Inc., d/b/a O'Hara Regional Center for Rehabilitation, Inc., Solomon Health Management, LLC. (Solomon) d/b/a Solomon Health Services, LLC, and Hersch "Ari" Krausz, David Sebbag, and V. Robert "Rob" Salazar, in the United States District Court for the District of Colorado, First Amended Complaint. (10/4/2005)

United States of America ex rel. Bobbi Chadwick, Doris Jodice, Erika Kern v. Forrest L. Preston, Life Care Centers of America, Inc., Gwinnett Medical Investors Limited Partnership, Developers Investment Company, Inc., and Scott C. Keiser, in the United States District Court for the Northern District of Georgia, Atlanta Division, Stipulated Consent Order and Order of Dismissal. The settlement includes monetary payment and terms. (12/21/2005)

In the United States District Court for the District of Colorado, the United States of America v. HEALTH CARE MANAGEMENT PARTNERS, LTD, (HCMP), d/b/a O'HARA REGIONAL CENTER FOR REHABILITATION, limited partnership; O'HARA REGIONAL CENTER FOR REHABILITATION, limited partnership; ORCR, INC. d/b/a O’HARA REGIONAL CENTER FOR REHABILITATION, INC., a corporation; SOLOMON HEALTH MANAGEMENT, LLC, (Solomon), d/b/a SOLOMON HEALTH SERVICES, LLC, limited liability companies; HERSCH "ARI" KRAUSZ; DAVID SEBBAG, and V. ROBERT "ROB" SALAZAR, individuals, Order Concerning defendant, Robert Salazar's, Motion to Dismiss. Defendant Robert Salazar's Motion to dismiss the First Amended Complaint filed 10/7/2005 is granted as to the first, second, third, fourth, fifth and seventh claims for relief in the First Amended Complaint. Defendant Robert Salazar's Motion to Dismiss the First Amended Complaint, filed 10/17/2005, is denied. Defendant Robert Salazar's Motion to Dismiss filed 3/1/2005 is denied. (10/31/2005)

In the United States District Court for the District of Colorado, the United States of America v. HEALTH CARE MANAGEMENT PARTNERS, LTD, (HCMP), d/b/a O’HARA REGIONAL CENTER FOR REHABILITATION, limited partnership; O’HARA REGIONAL CENTER FOR REHABILITATION, limited partnership; ORCR, INC. d/b/a O’HARA REGIONAL CENTER FOR REHABILITATION, INC., a corporation; SOLOMON HEALTH MANAGEMENT, LLC, (Solomon), d/b/a SOLOMON HEALTH SERVICES, LLC, limited liability companies; HERSCH “ARI” KRAUSZ; DAVID SEBBAG, and V. ROBERT "ROB” SALAZAR, individuals, First Amended Complaint. Plaintiff's claims for relief against Defendants for statutory damages sustained by the U.S. and civil and punitive penalties against Defendants. The amounts to be determined at trial by jury. (10/4/2005)

Alleges: abuse of process; fraud on the Court; waste and fraud; interference with advantageous business relations; slander and libel; extortion; intentional infliction of emotional distress. (2004)

In the U.S. District Court Western District of Washington at Takoma, Sheri Sweeney, Qui Tam Plaintiff, for and on Behalf of the United States of America v. Manorcare Health Service, Inc., Stacey Mesaros and John Doe, Inc. Claim filed 6/9/2003 asserting claims under the False Claims Act. Motion of Defendants to dismiss with prejudice Relator's Fraud-Based FCA claims asserted in Plaintiff's second amended Complaint, Plaintiff's Motion to amend the Complaint and Motion for deferral pursuant to Federal Rule of Civil Procedure 12(d). Defendants' Motion to Dismiss is granted. Plaintiff's first three causes of action denied with prejudice, Plaintiff's request for an opportunity to further amend is denied with prejudice, the Plaintiff's request for delay in denied. (6/9/2003)

Written Testimony of Catherine Hawes, Ph.D., before the U.S. Senate Committee on Finance, regarding the improvement of the quality of nursing care post-OBRA. However, the quality of care declined over the past decade due to inadequate regulatory process, perverse reimbursement incentives, inadequate staffing and training. (7/17/2003)

Kaiser publication. Report finds states have set higher staff levels than the federal government requires, but most states fall below the preferred levels recommended by experts. States increase regulatory requirements and funding for staff pay and benefits. On federal level Congress has passed bills to test innovative ways to increase nursing homes' staffing levels, to improve nurse retention and quality of care, to improve new staffing requirements on nursing facilities. (6/2002)

United States brought action against NHC Health Care Corporation in the U.S. District Court of W.D. Missouri, Southern Division, alleging that operation of the long term care facility submitted false or fraudulent Medicare and Medicaid bills to the United States in violation of the False Claims Act for inadequate care to its residents. Defendant's Motion Granted in part and Denied in part. (7/17/2001)

Requests Court deny summary judgment motion; argues plaintiff entitled to insurance certificate benefits with prejudgment interest, compensatory and punitive damages for post claim underwriting. (2001)

Report to Congress, Phase II Final, provides basis for policy debate and initiatives related to nursing home staffing. There were found relationships between increase in nursing staffing ratios and avoidance of critical quality of care problems. Recommended better management and supervision practices, improvement of initial nursing training, improvement of standards of care, in some cases wage increases for nursing personnel, and cost cuts. (12/2001)

In the United States District Court, Eastern District of Missouri, Southern Division, United States v. NHC Health Care Corp., et al. Plaintiff's Opposition to Defendants' Motion for Summary Judgment, Plaintiff respectfully requests the Court to deny Defendants' Motion for Summary Judgment plus further relief. (6/15/2001)

United States brought action against NHC Health Care Corporation in the U.S. District Court of W.D. Missouri, Southern Division, alleging that operation of the long term care facility submitted false or fraudulent Medicare and Medicaid bills to the United States in violation of the False Claims Act for inadequate care to its residents. Court ordered that the Government has sufficiently plead causes of action and failed to establish the need for a declaratory judgment, Motion to Dismiss Denied in part and Granted in part. (8/30/2000)

Guidance on how information concerning the investigation of potential violations of law by health care providers rendering inadequate care or harming and abusing patients should be expeditiously disseminated to the appropriate authority to minimize further harm. (5/18/1998)

Settlement Agreement between the U.S.; the State of Texas; the Texas Health and Human Services Commission; Regency Nursing and Rehabilitation Centers; and the Regency Settling Parties, regarding allegedly improper Medicare and Medicaid claims. The settlement includes monetary payment and terms for payment. (4/2009)

Report compares the staffing levels and deficiencies in the largest for-profit nursing home chains and chains owned by private equity companies. By Charlene Harrington, Brian Olney, Helen Carrillo, and Taewoon Kang.

In the United States District Court for the Eastern District of Pennsylvania, United States and the Commonwealth of Pennsylvania, Department of Public Welfare, v. Holland-Glen, Verified Complaint for Injunctive Relief. Count One - injunction against fraud, Count 2 - injunction to enjoin conduct subject to a civil monetary penalty, Count 3 - injunction for violation of DPW regulations. Plaintiff pray that defendants stop false practices and accept professional standards and proper licensing.

In the United States District Court for the District of Montana, Great Falls Division, United States v. Jesse A. Marcel III and Northwest Senior Care Association. Grand jury Indictment, Health care fraud, false claims, wire fraud.

In the United States District Court for the Western District of Pennsylvania, United States v. Martha Bell, Atrium I Nursing and Rehabilitation Center, Grand Jury Indictment, Martha Bell was the organizer and leader of criminal activities, monetary payment.

Alleges: violation of resident's rights; false imprisionment; theft; RICO; conspiracy; conversion; unfair and deceptive trade practices; breach of fiduciary; fraud; unjust enrichment; negligence

Alleges defendant retaliated against plaintiff for participating in an investigation and disclosing defendant misspent grant funds received from federal and state agencies