Leg-Reg Update

Fraud Cases…Recent Wins
• HCR Manor Care – DOJ asked for case to be dismissed. Judge “huge
waste of money…I don’t think this case ever should have been
brought…I’m appalled, I’m embarrassed, I’m ashamed that the DOJ
would rely on this kind of nonsense by a nurse reviewer…”
• US ex rel. Ruckh v. Salus Rehab., $350 million judgment overturned.
“For this reason (among others), as Escobar emphasizes, the
government’s payment to a vendor despite knowledge of a defect ‘very
strongly’ evidences the defect’s immateriality.”
▫ If the government pays, the presumption is any deficiencies are not
material and therefore it’s not a false claim.
NASL Winter Conference
February 7, 2018
Washington, DC