11th Circ. Won’t Revive $320M Fla. Hospice FCA Case

Health Care   |   False Claims Act, Qui Tam, and Whistleblower Defense   |   January 24, 2018
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On January 25, 2018, the United States Court of Appeals for the Eleventh Circuit affirmed a lower court’s dismissal of claims with prejudice against Carlton Fields’ client, Chapters Health System (“Chapters”), the largest provider of hospice services in Hillsborough County, Florida.

The case brought by relator Nancy Chase alleged substantive violations of the federal and Florida False Claims Acts. Chase was an employee of LifePath Hospice, Inc. a Chapters subsidiary. The Court noted that the appellant’s lawsuit “did not include specific examples of the conduct and fraud she describes or allege the submission of any specific fraudulent claim.”

Carlton Fields White Collar Crime and Government Investigations Practice Group Leader (and attorney for Chapters) Adam P. Schwartz, was quoted in a Law360 article, “11th Circ. Won’t Revive $320M Fla. Hospice FCA Case.” Schwartz said, “The District Court decided the allegations regarding Chapters’ admission and billing practices were meritless and the Eleventh Circuit Court has now wholeheartedly agreed.”

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