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 - And Mug Shots

Here is the latest jail booking report from Hamilton County: ADKINS, PAMELA FAYE     10120 CLARE CIR SODDY DAISY, 37379     47     Chattanooga          THEFT OF PROPERTY ALFORD, FREDERERICK LEE     1726 WILSON ST APT B CHATTANOOGA, 37406     57     Chattanooga ... (click for more)

Alexander Seeks To Create Jobs In Tennessee, And Replace Chickamauga Lock

At a press conference with the U.S. Chamber of Commerce outside LTJ Steel, Senator Lamar Alexander said, "The first thing we need to do in Washington is lift the big, red blanket of Obama rules and regulations off the free enterprise system so people can get about the business of creating jobs." He said, "My goal for a long time in this state is to make Tennessee a place where ... (click for more)

A Slap In The Face To Local Police Applicants

Little Andy has once again shown what he thinks about the Chattanooga Police Department by ignoring all the applicants from within the department. There were several great candidates within the police department that had as much experience as the chosen one from 1,000 miles away. This is a slap in the face for any officer who is at the Chattanooga Police Department who has aspirations ... (click for more)

Roy Exum: Northwestern Players Vote

The National Labor Relations Board, 0-1 this week after the United Auto Workers cancelled a hearing one hour before it was to begin in Chattanooga, has another chance for a last-minute finish today. In what will be under a more harsh light, the Northwestern University football team is expected to vote on whether to become a union Friday morning. Yesterday afternoon there remained ... (click for more)

Signal Mountain Soccer Remains Undefeated, Clinches 7-A/AA Regular-Season Title

The Signal Mountain boys’ soccer team did more than just spoil Notre Dame’s senior night on Thursday. After Robert Schorr scored off Graham Eschmann’s throw-in in the opening minute, the Eagles went on to preserve their unbeaten record and secure their first-ever District 7-A/AA regular-season title with a 2-0 victory over the Irish. But even the very early lead wasn’t ... (click for more)

Ninth Inning Rally Gives Lookouts 5-4 Win Over Barons

The Lookouts trailed by a run entering the bottom of the ninth  -- headed for their third consecutive loss. Chattanooga rallied for two runs to pull the game out, 5-4.  Details to follow. (click for more)