UNITED STATES, EX REL. Julio ESCOBAR; Carmen Correa, administratrix of the Estate of Yarushka Rivera, Plaintiffs, Appellants,
Commonwealth of Massachusetts, Plaintiff, Amicus Curiae,
v.
UNIVERSAL HEALTH SERVICES, INC., Defendant, Appellee.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
November 22, 2016.
November 22, 2016.
Attorney(s) appearing for the Case
Michael Tabb, with whom Thomas M. Greene, Boston, MA, Elizabeth Cho, Greene LLP, were on brief for appellants.
Mark T. Stancil, with whom Donald Burke, Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP, Washington, DC, and Mark W. Pearlstein, Evan D. Panich, Laura McLane, McDermott Will & Emery LLP, Boston, MA, were on brief for appellee.
Maura Healey, Attorney General of Massachusetts, with whom Robert Patten and Jeffrey Walker, Assistant Attorneys General, were on brief for amicus curiae Commonwealth of Massachusetts.
Charles S. Scarborough, Attorney, Appellate Staff, with whom Benjamin C. Mizer, Principal Deputy Assistant Attorney General, Carmen M. Ortiz, United States Attorney, and Michael S. Raab, Attorney, Appellate Staff, were on brief for amicus curiae United States of America.
Jennifer M. Verkamp, Morgan Verkamp LLC, Cincinnati, OH, and Jacklyn N. DeMar, on brief for amicus curiae Taxpayers Against Fraud Education Fund.
Jeremy W. Meisinger, Boston, MA, Thomas R. Barker, Washington, DC, Kristyn M. DeFilipp, Boston, MA, and Foley Hoag, LLP, on brief for amicus curiae National Association of Psychiatric Health Systems.
Lawrence M. Kraus, Lawrence W. Vernaglia, Jason L. Drori, and Foley & Lardner LLP, Boston, MA, on brief for amicus curiae Massachusetts Hospital Association.
John P. Elwood, Craig D. Margolis, Jeremy C. Marwell, Tirzah S. Lollar, Christian D. Sheehan, Vinson & Elkins LLP, Washington, DC, Kathryn Comerford Todd, Steven P. Lehotsky, and U.S. Chamber Litigation Center, on brief for amicus curiae Chamber of Commerce of the United States of America.
Before Howard, Chief Judge, Stahl and Barron, Circuit Judges.
STAHL, Circuit Judge.
Yarushka Rivera died of a seizure in 2009 after receiving mental health treatment at Arbour Counseling Services in Lawrence, Massachusetts, a facility owned and operated by Defendant-Appellee Universal Health Services ("UHS"). UHS submitted reimbursement claims for these services to MassHealth, the state's Medicaid agency....
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