Attorney Says Life Care Lawsuit Could Take Over A Year To Try

Wednesday, April 17, 2013

An attorney for Cleveland, Tn.,-based Life Care Centers of America said a government fraud lawsuit against the firm is so broad that it could take over a year to try it.

Chattanooga attorney Roger Dickson told Federal Judge Sandy Mattice that the way the case was brought "will bring a big, big burden on this court."

Government prosecutor Elizabeth Tonkin acknowledged that the case involves 60-80 of Life Care's 225 facilities and hundreds of patients.

She said the government will seek to prove fraud was so widespread at Life Care that a certain sample number of charges should be considered invalid.

She told the judge that Life Care routinely "filed false claims for therapy that was not medically necessary and much more than what the patient really needed. The charges were assessed at the highest levels possible from the time patients came into the facility."

Prosecutor Tonkin said the probe dates to 2006. She said the government started issuing subpoenas for records from Life Care in 2008.

Attorney Dickson said the issues involve "subjective decisions by physicians and therapists."

He said the situation involving each patient "can be a mini trial lasting a day or two."

Initial disclosures are due by May 17 and another meeting with the judge will be June 12 at 2 p.m. 

The suit seeks to recover millions of dollars that Life Care "caused the Medicare and TRICARE programs to pay for services that were not covered by the skilled nursing facility benefit, that were not medically reasonable and necessary, and that were not skilled in nature."

One "whistle blower" complaint was brought by Glenda Martin, a registered nurse and a former staff development coordinator of Life Care Center of Morristown, Tn.

Another was by Tammie Taylor, a former occupational therapist of Life Care Center at Inverrary, in Lauderhill, Fla.



Latest Hamilton County Jail Booking Report

Here is the latest jail booking report from Hamilton County: CARLTON, JACOB ALEXANDER  4111 LOST OAKS DR OOLTEWAH, 37363  Age at Arrest: 29 years old Arresting Agency: Collegedale Booked for Previous Charges or Other Reason(s) --- CARTWRIGHT, MARVIN DARRELL  6220 SHALLOWFORD ROAD APT 160 CHATTANOOGA, 37421  Age at Arrest: 34 years old Arresting ... (click for more)

Dean Says Computer Glitch That Caused Letters To Go Out To Some Residents Saying They Owed Money Has Been Fixed

Criminal Court Clerk Vince Dean said a computer glitch that caused some letters to go out to certain residents saying they owed money has been fixed. He said, "Yesterday a local news report was given regarding letters that had been sent out from a vendor that our Delinquent Collections Division uses. A computer glitch resulted in several people receiving letters that stated they ... (click for more)

A Tribute For My Brother – Sgt. Jonathan Gardner, U.S. Army

Seven years ago today, my family and I found out that my brother, Sgt. Jonathan D. Gardner, was seriously injured by a roadside bomb, (explosively formed penetrator - EFP), while on a mission in Kuwait. The EFP went through the bottom of his seat and put a softball size hole in his upper thigh. The doctors said that if the bomb had entered the Humvee an inch to the right, he ... (click for more)

Roy Exum: Our Teacher's Pay Cut

The Hamilton County School Board will hold a “working session” Thursday afternoon as steps continue to formulate the FY2019 budget and it is a frightening process in a badly-broken system. Everybody knows it is equally embarrassing and after watching teachers who “have had enough” go on strikes in Oklahoma, West Virginia and Kentucky this spring, I guarantee you that Tennessee is ... (click for more)

Lady Mustangs Dump Lady Owls, 2-0, On Frost's Two-Run Homer In Seventh Inning

CLEVELAND, Tenn. – After chasing Ooltewah in the District 5-3A softball standings this season, Walker Valley is now the chasee after Wednesday’s 2-0 victory over the Lady Owls on Carissa Frost’s game-winning two-run homer with two out in the seventh inning. “It’s a huge win for us and our program,” Walker Valley coach Lauren Limburg said.   The diminutive Frost, ... (click for more)

Painter's Game-Winning Hit Lifts Red Bank, 6-5

I’m sure you’ve heard the classic line of “It’s not over until it’s over” and also the one about “it’s not over until the fat lady sings.” Take your pick, but either one would have applied as that was certainly the case at the Red Bank softball field Wednesday evening. The Lionettes won the game with the Whitwell Lady Tigers by a final score of 6-5, but it took nine innings ... (click for more)