Expert Witnesses Stifled in Medical Necessity Fraud Case

A pair of expert witnesses in a Medicare fraud case alleging nursing homes provided medically unnecessary therapy have to limit their testimony about data used to support health-care fraud claims.

The data may show that the level of care allegedly provided was not possible given the number of hours therapists were with patients, but determining broad trends and damages without accounting for individual patient conditions posed problems, Judge Elaine Bucklo of the U.S. District Court for the Northern District of Illinois, said.

She granted in part motions to exclude expert witness testimony in a case alleging three separate skilled nursing ...