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.


Alexander: The Best Wanted To Play For Pat Summitt Because She Was The Best

Senator Lamar Alexander on Wednesday paid tribute on the Senate floor to legendary Lady Vols coach Pat Summitt, who passed away  Tuesday . Senator Alexander’s floor remarks follow: Senator Corker and I have come to the floor to introduce a resolution honoring the life and achievements of Pat Summitt, the former University of Tennessee basketball ... (click for more)

Officials Weigh In On Washington’s Plan For Puerto Rico

Georgia Senator David Perdue on Wednesday released the following statement after voting against Washington’s plan to assist the Commonwealth of Puerto Rico with its $72 billion debt: “Through irresponsible fiscal policies, the Puerto Rican government has found itself in a very serious financial situation. The Commonwealth needs help tackling its debt situation, but this ... (click for more)

A Disturbing Trend At Exit 11 - And Response (2)

So, am I the first to notice a trend?   How many wrecks does exit 11 need before anyone asks "whats up with that?"  I have lost count of the wrecks that continue to happen, even after last year's awful loss of life (which I believe 51 percent of the blame should fall on the THP officer on duty).  The problem with this section of interstate are sight lines ... (click for more)

Roy Exum: What You Leave Behind

Randy Travis, one of the best at singing country songs that has ever been, had a song about three people who got killed when an 18-wheeler missed a stop sign. There was a farmer and a teacher, a hooker and a preacher on this bus and Randy tells us: “One's headed for vacation, one for higher education, An' two of them were searchin' for lost souls.” In that wonderful song, the ... (click for more)

Hensley Succeeds Henry As Soddy-Daisy Athletic Director

Soddy-Daisy baseball coach Jared Hensley has added a new role to his duties. Hensley, who has coached the baseball Trojans for eight years with a 177-111 record and state tournament appearances in 2011 and 2015, is the school’s new athletic director. Hensley takes over for Steve Henry, now the school’s principal. “With coach Henry now the man in charge at our school,” ... (click for more)

Unbeaten Fairyland Clinches Red Division Swim Title

Members of the Calhoun swim team were set and ready to compete on the pool deck at the Fairyland Club Monday night, but they never got wet as the meet was postponed by lighting, thunder and the overall threat of stormy weather. They made the long trip back about 24 hours later and the second time around wasn’t nearly as productive as 21 less swimmers made the trip to the top ... (click for more)