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.


Early Morning Automobile Burglary Leads To 1 Person Being Arrested For Attempted 1st-Degree Murder

Hamilton County Sheriff’s Office Deputies responded at approximately, 5:45 a.m. on Thursday, to the 2400 block of Maplewood Drive for the report of shots fired.   Upon arrival, deputies found the property owner, Robert Brown, stating that he had spotted a white woman in dark clothing in his car on the driveway. According to Mr. Brown’s statement, he left his home and ... (click for more)

Jeremi Derek Cagle, 34, Identified As Victim In Signal Mountain Fall On Wednesday

The Hamilton County Sheriff’s Office identified the victim involved in Wednesday’s high fall that occurred at 6202 Forest Park Drive on Signal Mountain.   The fall victim has been identified as Jeremi Derek Cagle, 34. Mr. Cagle was from Chickamauga.   The Hamilton County Sheriff’s Office is continuing to investigate the incident and has provided investigative findings ... (click for more)

Beyond Freedom Of Speech - And Response

Yes, most people know about the First Amendment to our Constitution, "The right, guaranteed by the First Amendment to the U.S. Constitution, to express beliefs and ideas without unwarranted government restriction."  I being a "deplorable" draw the line when people block traffic, try to disrupt, and even stop an activity through malice and disregard for others. Case being ... (click for more)

Roy Exum: Where Is Central’s Auditorium?

I am surely one of the biggest proponents of high school athletics there is, especially after half a decade of being an eye witness to the vast array of lessons that are learned every day by anyone associated with sports. That said, I have watched the Hamilton County Commission waffle on a $500,000 track at Central High School with a certain curiosity because the same high school ... (click for more)

Cleveland State Adding Women's Volleyball, Cross Country, Restarting Golf

Cleveland State Community College announced Thursday that it will be adding women's volleyball, cross country and golf. Women's volleyball and cross country are brand new programs for Cleveland State, while the golf program will be restarting. These programs will begin in the 2017-18 school year. "This is part of our 'Cleveland State Community First Plan,' which is a strategic ... (click for more)

No. 3 Cleveland Sneaks Past Walker Valley 59-51

CLEVELAND, Tenn. – State-ranked Cleveland blew most of a 13-point second-half lead, but got clutch field goals from Deontae Davis and KK Curry down the stretch and managed to stay unbeaten in District 5-3A high school basketball action with a hard-fought 59-51 victory over rival Walker Valley on Tuesday night. Walker Valley’s girls defeated the Lady Blue Raiders 43-39 in overtime. ... (click for more)