Essentially, that version of the complaint alleged that FMCNA's efforts to incentivize referrals to its clinics violated the Anti-Kickback Statute, 42 U.S.C. #57) filed by Appellant Martin Flanagan. WebMichael D. Flanagan, MD, specializes in Obstetrics / Gynecology and Maternity Care, Geriatrics and sees patients in Bryn Mawr. Allegations concerning pre-merger conduct cannot be said to have disclosed post-merger conduct. 119 (2010). Since then Sandra has changed 4 companies and 4 roles. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. 40). Flanagan Util. Connect via Twitter or email . Since 1972, Medicare has been the primary payor for more than 80% of the cost of dialysis treatment for nearly 800,000 ESRD patients in the United States. Accordingly, and for the following reasons, the motion to dismiss will be granted. In assessing whether a given later-filed suit is based upon' publicly disclosed allegations, [courts] look to whether those allegations are substantially similar' to said allegations. Cunningham, 713 F.3d at 670. Use the links below to access additional information about this case on the US Court's PACER system. (Id. 12% off. v. Fresenius Medical Care [$6,000,000.00] Gonzales et al. Chronic kidney disease refers to the progressive loss of a person's kidney function, which is normally irreversible. Flanagan v. Fresenius Medical Care Holdings, Inc. However, even assuming compliance with those requirements, the claims concerning joint-venture agreements would be barred in any event. WebDr. (Id. After describing that scheme in some detail, the complaint alleges the following as to the submission of actual false claims: The complaint also provides a somewhat more complete description of the false claims for services allegedly provided to Scripps Health, a large health care system with five hospitals in San Diego, California. (Id. . By law, all outpatient dialysis clinics must have a qualified medical director to be responsible for the delivery of patient care and outcomes in the facility. 42 C.F.R. Conrad v. Abbott Lab'ys, Inc., No. In 2010, Congress amended the AKS to clarify that any Medicare claim that includes items or services resulting from a violation of [the AKS] constitutes a false or fraudulent claim for the purposes of [the FCA]. 42 U.S.C. This action is taken to insure the parties receive timely notice of the properly assigned presiding judge and is without prejudice to consideration by the Court as a whole whether Local Rule 40.1 should be amended in some fashion to eliminate any further misunderstanding by the Clerks Office.
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