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Hot Topics – 12/29/2014

LITIGATION


1. Production of Quality Assurance Committee documents under the Federal Nursing Home Reform Amendments (The Act), 42 U.S.C. Section 1396r: The Arizona Appellate Court, in Azore LLC v. The Honorable Edward Basset, reviewed the trial court’s order compelling Sunwest Choice Healthcare and Rehab, an Azore corporation, to produce emails, a consultant report and incident tracking logs associated with its quality assurance committee in a wrongful death action.

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Hot Topics – 12/09/2014

FRAUD


1. Hospice: The U.S. Department of Justice has filed a whistle-blower suit against Creekside Hospice II LLC and its holding company alleging that they knowingly submitted false claims for hospice care for patients who were not terminally ill and instructed staff to falsify records, billed for doctors visits that never occurred, and discouraged staff from documenting improvements in patient’s health and from permitting patients and families from revoking their election of hospice. This action was originally brought by two Creekside clinical managers under the whistleblower provisions of the Federal False Claims Act and the Nevada False Claims Act.

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