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: AARON, STEVE LYNN  2518 CRESCENT CLUB DR HIXSON, 37343  Age at Arrest: 50 years old Arresting Agency: East Ridge DOMESTIC ASSAULT DOMESTIC ASSAULT --- AKINS, JAVORIS  7604 STANDIFER GAP RD CHATTANOOGA, 37421  Age at Arrest: 20 years old Arresting Agency: Chattanooga DRIVING ... (click for more)

Fort Oglethorpe Arrest Report For May 20-26

Here is the Fort Oglethorpe arrest report for May 20-26: Cavin Lebron Davenport, 19, of 4000 Sunset Avenue, Chattanooga was arrested May 21 on charges of center lane violation, possession of marijuana and driving while license revoked. Shawn Daniel Whitaker, 31, of 73 Twin Lakes Road, Lafayette was arrested May 21 on charges of driving while license suspended and failure ... (click for more)

Fruit Basket Turnover

I have been teaching for 21 years now, so I’ve been through my share of school leaders. Every one of them taught me something important. Whether it was Don Bishop from Red Bank High School who, after almost 30 years at Red Bank, taught me to invest in the longevity of my career, Wade Kelly who taught me to thoroughly weigh options before making a decision, Gail Chuy who taught me ... (click for more)

Roy Exum: ‘Let Me Be Clear’

I have seen a lot of human beings who have gotten themselves in terrible messes in my time and more self-induced agony than I want to recall. Will Rogers famously said, “Give a man enough rope and he’ll hang himself.” That’s the truth and if you ever didn’t think that “Politics corrupts,” consider the genius behind the line, “It ain’t long those who get elected … begin to think ... (click for more)

Chicago Fire Wins Steinbrecher Cup 2-1 In Overtime

It took 120 minutes to decide who is the best US amatuer soccer team Saturday night at Finley Stadium as the Chattanooga Football Club took on the Chicago Fire of the PDL.   The Fire would score first but Chattanooga tied the match early in the second half.  Luke Winter scored the equalizer in the 47th minute off a Jon Finlay cross.   The game would remain tied ... (click for more)

Harrison Sparks Lookouts To 3-2 Win Over Smokies

For the second straight night Travis Harrison delivered in the clutch for the Chattanooga Lookouts. Tonight the third baseman drove in all three runs in the team's 3-2 win over the Tennessee Smokies before a crowd of 4,765 at AT&T Field. Harrison kicked off his night in the third inning with an RBI single to bring home Zack Granite who reached on a walk. Chattanooga ... (click for more)