Medicaid Law
 
Morse v. Fusto

In 2002, the MFCU initiated an investigation into the professional financial
affairs of Morse, a dentist, then practicing with another dentist in the Park Slope 4  
neighborhood of Brooklyn as ʺ580 Dental, P.C.ʺ  The defendant John Fusto, then 5  
a Special Assistant Attorney General with the MFCU, was assigned to the case, 

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Grace Schools v. Sylvia Mathews Burwell

The district court entered a preliminary
injunction in favor of the plaintiffs, a number of religious,
not-for-profit organizations, preventing the defendants from
applying or enforcing the so-called “contraceptive mandate”
of the Patient Protection and Affordable Care Act of 2010
(“ACA”) to the plaintiffs. See 42 U.S.C. § 300gg-13(a)(4); Pub.
2 Nos. 14-1430 & 14-1

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Ameritox, Ltd. v. Millennium Laboratories, Inc.

In this three-year high-stakes litigation—a case that “[t]he [medical] industry is watching,” Ameritox assured the jury—the parties tried various state statutory and common law unfair competition claims predicated upon the alleged violation of two federal statutes that provide no private right of action. The parties, however, did not realize that it was an open question whether or not any

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St. Alphonsus RMC v. Gooding County

On July 27, 2013, D.J.W. (Patient) was admitted to the Hospital and hospitalized due to injuries he sustained in a motor vehicle accident. On August 27, 2013, the Hospital filed a First Party Combined County Medical Assistance Application with the Department on Patient’s behalf. The County Service Director investigated the application and ultimately concluded that the application should be denie

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Marquez v. Dept. of Health Care Services

We begin with an overview of California’s Medi-Cal program for context, and then discuss the parties’ factual and legal contentions in this litigation.
A. California’s Medi-Cal Program
Medi-Cal is California’s program under the joint federal-state program known as Medicaid. (Welf. & Inst. Code, § 14000 et seq.) Medicaid provides federal financial assistance to participating s

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Leslie Wheathon v. John McCarthy

Ask 100 Americans whether a 74 year-old man’s “family”
includes his wife who lives with him, and every one of those Americans will likely answer yes.
But here the Ohio Department of Medicaid answered no, with the result that it denied Joe
>
No. 14-4023 Wheaton v. McCarthy Page 2
Turner’s application for benefits under the Medicaid Act. That Act requires States who recei

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Nosal-Tabor v. Sharp Chula Vista Medical Ctr

Nosal-Tabor filed a complaint against Sharp in April 2013 in which she alleged that she had made numerous complaints to Sharp's management concerning the "illegal procedures for stress testing of . . . cardiac patients." Among her complaints was "the lack of a legally required Standardized Procedure" authorizing the performance of nurse-led stress testing. Nosal-Tabor alleged that she had "confi

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Gallegos v. Frezza

} After undergoing bariatric surgery, New Mexico residents Nellie Gonzales and
15 Fernando Gallegos (collectively, Plaintiffs) sued Dr. Eldo Frezza for medical
16 malpractice and Presbyterian Health Plan (Presbyterian) for breach of contract and
17 negligent referral. Both surgeries took place in Lubbock, Texas at the Texas Tech
18 University Health Sciences Center (the Center).

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United States of America v. Aliya Boss, Sakeenah David Davis and Kino Legette Williams

Charlotte, NC - Three Sentenced For Stealing Millions From Medicaid

Three Charlotte women were sentenced for conspiring to steal millions from Medicaid. All three defendants appeared before Chief U.S. District Judge Frank D. Whitney and were sentenced as follows: Aliya Boss, 36, of Charlotte, was sentenced to 44 months in prison, followed by three years of supervised release and was orde

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United States of America v. East Central Family Health Center

Oklahoma City, OK - East Central Family Health Center agreed to pay $825,000 to settle civil claims stemming from allegations that it violated the False Claims Act by submitting false Medicaid claims.

East Central is a designated federally qualified health center (FQHC) located in Wetumka, Oklahoma. It receives grant funds from the U.S. Health and Human Services and provides primary heal

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Hi-Desert Medical Center v. Douglas

The federal Medicaid program provides financial assistance to states that offer medical treatment to needy persons. (Mission Hospital Regional Medical Center v. Shewry (2008) 168 Cal.App.4th 460, 469–470 (Mission I).) “California participates in the federal Medicaid program through the Medi-Cal program,” and the Department is the state agency authorized to administer the Medi-Cal program.

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United States of America v. Paul Hebert

Paul Hebert Pleads Not Guilty to Social Security and Medicaid Fraud

Paul Hebert, 50, of Gloucester, Massachusetts, formerly of Barre, Vermont, pleaded not guilty today in United States District Court in Burlington to charges related to Social Security fraud and Medicaid fraud. U.S. Magistrate Judge John M. Conroy released Hebert on conditions pending trial, which has not been scheduled.

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United States of America v. Signature Care Centers, LLC

Cedar Rapids, IA - Nursing Facility Chain Agrees To Repay $415,000 To Resolve Civil Overpayment Allegations

Signature Care Centers, LLC, and its seven related nursing facilities – Gowrie Care Center, Lake Park Care Center, Perry Health Care Center, Primghar Rehabilitation and Care Center, Rosewood Manor, Woodlands Rehabilitation Center, and Sutherland Care Center – agreed to pay $415,

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United States of America v. Albert Ades

Newark, NJ - Bergen County, New Jersey, Doctor Admits Billing For Bogus Office Visits, Altering Patient Medical Records

A family medicine physician with offices in Cresskill and Little Falls, New Jersey, admitted defrauding Medicare, Medicaid and private insurance companies out of hundreds of thousands of dollars by billing them for non-existent office visits.

Albert Ades, 60, of

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United States of America v. Terry Lamont Speller

WILMINGTON - United States Attorney Thomas G. Walker announced that yesterday in federal court, TERRY LAMONT SPELLER, 37, of Winterville, North Carolina, pleaded guilty to Health Care Fraud and Engaging in Monetary Transactions Involving Criminally Derived Property.

“Illegal schemes like this one waste tax dollars and divert funds that are supposed to go toward needed medical care. Our

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United States of America v. Terry Lamont Speller

Wilmington, NC - Pitt County Behavioral Health Businessman Pleads Guilty To Defrauding Medicaid After Threatening To Kill Witness

TERRY LAMONT SPELLER, 37, of Winterville, North Carolina, pleaded guilty to Health Care Fraud and Engaging in Monetary Transactions Involving Criminally Derived Property.

“Illegal schemes like this one waste tax dollars and divert funds that are sup

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Dr. Bernd Wollschlaeger, et al v. Governor of the State of Florida, et al

On June 2, 2011, Florida Governor Rick Scott signed the Act into law. The
Act created Fla. Stat. § 790.338, entitled “Medical privacy concerning firearms;
prohibitions; penalties; exceptions,” and amended the Florida Patient’s Bill of
Case: 12-14009 Date Filed: 07/28/2015 Page: 5 of 152
6
Rights and Responsibilities, Fla. Stat. § 381.026, to include severa

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United States of America v. Pediatric Services of America Healthcare, Pediatric Services of America, Inc., Pediatric Healthcare, Inc., Pediatric Home Nursing Services (collectively, “PSA”), and Portfolio Logic, LLC

Savannah, GA - Pediatric Services Of America And Related Entities To Pay $6.88 Million To Resolve False Claims Act Allegations

Pediatric Services of America Healthcare, Pediatric Services of America, Inc., Pediatric Healthcare, Inc., Pediatric Home Nursing Services (collectively, “PSA”), and Portfolio Logic, LLC agreed to pay $6.88 million ($6,882,387) to resolve allegations that PSA,

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United States of America v. Rana Khandakar and Usawan Saelim

New York, NY - Brooklyn Couple Sentenced In Manhattan Federal Court For Massive Internet Identity Theft And Credit Card Fraud Scheme

Defendants Used Stolen Identities and Hundreds of Stolen Credit Card Numbers to Fraudulently Obtain over $1 Million in Goods, Services, and Cash

RANA KHANDAKAR, and USAWAN SAELIM were sentenced today to 56 and 36 months in prison, respectively, for

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Marcia Lee Stresemann vs. Lucinda Jesson

We granted review to answer the question “whether and under what circumstances
prosecutorial immunity protects a person who is not a prosecutor.” Appellant Marcia Lee
Stresemann is the sole owner of Affiliated Counseling Center, LLC (Affiliated).
Respondent Catharine Morton-Peters was the Chief Investigator for the Medicaid Fraud
Control Unit (MFCU) of the Minnesota Attor

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Marc Veasey v. Greg Abbott

In 2011, Texas (“the State”) passed Senate Bill 14 (“SB 14”), which requires individuals to present one of several forms of photo identification in order to vote. See Act of May 16, 2011, 82d Leg., R.S., ch. 123, 2011 Tex. Gen. Laws 619. Plaintiffs filed suit challenging the constitutionality and legality of the law. The district court held that SB 14 was enacted with a racially discrimina

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United States of America v. Alexis C. Norman

Dallas, TX - Ellis County Woman Admits Defrauding Medicaid

Alexis C. Norman, 47, of Midlothian, Texas, appeared in federal court before U.S. Magistrate Judge David L. Horan and pleaded guilty to one count of health care fraud.

Norman, who remains on bond, faces a maximum statutory penalty of 10 years in federal prison, mandatory restitution, and a $250,000 fine. Sentencing is se

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Dr. Bernd Wollschlaeger v. Governor of Florida

Miami, FL - Eleventh Circuit holds that Florida may prohibit doctors from asking patients about gun ownership


The Governor of the State of Florida, other Florida officials, and members of the Board of Medicine of the Florida Department of Health (collectively, the “State”), appeal from the District Court’s grant of summary judgment and an
injunction in favor of a group of ph

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United States of America v. Brenda Ward

Dallas, TX - Dallas County Woman Admits Defrauding Medicaid

Brenda Ward, 47, of Cedar Hill, Texas, appeared in federal court this morning before U.S. District Judge Sidney A. Fitzwater and pleaded guilty to one count of health care fraud, announced John Parker, U.S. Attorney for the Northern District of Texas.

Ward, who remains on bond, faces a maximum statutory penalt

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In the Interest of K.T. and R.D.T., Children

This is an appeal from the trial court’s SAPCR1 order granting a child support modification in favor of appellee J.S.F., the mother of J.M.W., an adult child who is mentally disabled. Appellant M.L.W., the father of J.M.W., contends the trial court abused its discretion by: (1) disregarding the general child support
1 Under the Texas Family Code, a suit affecting the parent-child relationshi

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