U.S. EX REL. HEALTH OUTCOMES v. HALLMARK HEALTH

No. CIV.A.01-11375-NMG.

409 F.Supp.2d 43 (2006)

UNITED STATES of America ex rel. Health Outcomes Technologies, Plaintiff, v. HALLMARK HEALTH SYSTEM, INC., Lawrence Memorial Hospital, Malden Hospital and Whidden Memorial Hospital, Defendants.

United States District Court, D. Massachusetts.

January 6, 2006.


Attorney(s) appearing for the Case

Sara M. Bloom, United States Attorney's Office, Boston, for United States of, Plaintiff.

Ryan M. DiSantis, Ropes & Gray LLP, Boston, for HallMark Health Corporation, Hallmark Health System, Inc., Lawrence Memorial Hospital of Medford, Malden Hospital, The, Whidden Memorial Hospital, Defendants.

Michael K. Fee, Ropes & Gray LLP, Boston, for HallMark Health Corporation, Hallmark Health System, Inc., Lawrence Memorial Hospital of Medford, Malden Hospital, The, Whidden Memorial Hospital, Defendants.

Dale C. Kerester, Lynch, Brewer, Hoffman & Fink LLP, Boston, for Health Outcomes Technologies, Plaintiff.

David J Leviss, U.S. Department of Justice, Civil Division, Commercial Litigation, Washington, DC, for United States of, Plaintiff.

Kirsten V. Mayer, Ropes & Gray, Boston, for HallMark Health Corporation, Hallmark Health System, Inc., Lawrence Memorial Hospital of Medford, Malden Hospital, The, Whidden Memorial Hospital, Defendants.

Kenneth I. Trujillo, Trujillo Rodriguez & Richards, LLC, Philadelphia, PA, for Health Outcomes Technologies, Plaintiff.

Richard P. Ward, Ropes & Gray LLP, Boston, for HallMark Health Corporation, Hallmark Health System, Inc., Lawrence Memorial Hospital of Medford, Malden Hospital, The, Whidden Memorial Hospital, Defendants.


MEMORANDUM & ORDER

GORTON, District Judge.

In the instant qui tam action, the government alleges that the defendants committed fraud involving Medicare by "knowingly submitting to Medicare, between 1992 and 1997, false claims for the treatment of patients that did not have the primary diagnoses the hospitals claimed". Suit was originally brought by Health Outcomes Technologies ("Health Outcomes"), a Pennsylvania corporation with its principal...

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