Medicare Home Health False Claims Case Resurrected... Again

A False Claims Act case against a home health-care provider is headed back for trial after the Sixth Circuit found a whistleblower adequately alleged millions of dollars in fraudulent Medicare submissions.

The U.S. Court of Appeals for the Sixth Circuit found that a former employee of Brookdale Senior Living Communities Inc. sufficiently alleged the company misrepresented its compliance with material regulatory requirements. It also found the violations were “knowing” because Brookdale acted in “reckless disregard” of those requirements. This is the second time the appeals court has remanded the case back for trial after the district court had ruled dismissal ...