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: AMMONS, DAVONTE DAWUN  2816 CANNON AVENUE CHATTANOOGA, 37404  Age at Arrest: 21 years old Arresting Agency: Chattanooga ATTEMPTED FIRST DEGREE MURDER POSS.OF FIREARM WHILE IN COMMISSION OF FELONY RECKLESS ENDANGERMENT RECKLESS ENDANGERMENT RECKLESS ENDANGERMENT --- BATTLE, FREDRICK LAMAR  ... (click for more)

Latest Hamilton County Jail Booking Report

Here is the latest jail booking report from Hamilton County: AARON, MICHELLE RENEE  1906 APPLING STREET CHATTANOOGA, 37406  Age at Arrest: 47 years old Arresting Agency: Chattanooga DOMESTIC ASSAULT --- ADAMS, WILLIAM JACKSON  621 MEMORIAL DR APT 903 CHATTANOOGA, 37415  Age at Arrest: 19 years old Arresting Agency: Chattanooga POSSESSION ... (click for more)

Improvements Needed At Entrance To Wilcox Tunnel

I am writing this letter to bring to your attention to a city traffic issue that needs to be addressed immediately, the sooner the better. I can see no large cost factor.   Recently, while as a concerned citizen, removing trash and litter from the entry/exit area of the Wilcox Tunnel on the side that runs into Chamberlain Avenue, I fully realized that this area could ... (click for more)

Roy Exum: Where Will George Go?

George Will, easily one of the most respected conservative columnists in America and a Republican commentator, was a guest on Fox News Sunday yesterday when he made a very revealing statement. He announced he has left the Republican Party “for the same reason I joined it” and that he is not only disappointed by the party’s actions but its increasingly-inept leadership as well. ... (click for more)

Chris Douglas Repeats As Waterfront Triathlon Champ

Sunday was a hot, hot day, but that didn’t keep nearly a thousand local and regional triathletes from around the Southeast from putting their best foot forward in the annual Waterfront Triathlon in downtown Chattanooga. Chris Douglas and Sara Gibson were the overall winners in the International distance race, which started with a 1.5K (.93 mile) swim, followed by a 42K (26 ... (click for more)

Lookouts Capture Series From Generals With 6-2 Win Sunday

For just the fourth time this season, the Jackson Generals have lost a series with Sunday's 6-2 loss to the Chattanooga Lookouts at AT&T Field in Chattanooga, Tennessee. The Lookouts have won three of the first four in the five-game series in their quest to make it to the Southern League playoffs again. Aaron Slegers started for Chattanooga and picked up the win after eight ... (click for more)