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U.S. EX REL. PRATHER v. BROOKDALE SENIOR LIVING

No. 15-6377.

838 F.3d 750 (2016)

UNITED STATES of America EX REL. Marjorie PRATHER, Relator-Appellant, v. BROOKDALE SENIOR LIVING COMMUNITIES, INC. et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 30, 2016.

Attorney(s) appearing for the Case

ARGUED: Pat Barrett , Barrett Law Office, PLLC, Nashville, Tennessee, for Appellant. Brian D. Roark , Bass, Berry & Sims, PLC, Nashville, Tennessee, for Appellees. ON BRIEF: Pat Barrett , Barrett Law Office, PLLC, Nashville, Tennessee, Michael Hamilton , Provost Umphrey Law Firm, LLP, Nashville, Tennessee, for Appellant. Brian D. Roark , J. Taylor Chenery , Angela L. Bergman , Bass, Berry & Sims, PLC, Nashville, Tennessee, for Appellees.

MOORE, J., delivered the opinion of the court in which DONALD, J., joined, and McKEAGUE, J., joined in part. McKEAGUE, J. (pp. 775-81), delivered a separate opinion concurring in part and dissenting in part.

OPINION

Marjorie Prather was hired by Brookdale Senior Living Communities to review documentation related to thousands of patients who were residents of Brookdale facilities and had received home-health services from Brookdale. Brookdale desperately needed this documentation to be reviewed because Medicare...

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