Life Science Compliance Update

September

2016

AseraCare – Even Courts Seek Second Medical Opinions

Written by , Posted in Enforcement

Robert N. Wilkey, Esq., Staff Writer for Life Science Compliance Update

In AseraCare case, the United States Department of Justice (DOJ) sought to show that AseraCare submitted false claims. Relying upon a single medical expert, the DOJ attempted to show patients’ medical records do not contain “clinical information and other documentation that support [this] medical prognosis,” and thus, AseraCare’s claims for those patients were “false.” In rejecting the DOJ’s case and granting Summary Judgment for AseraCare, the Court held that reliance on a single medical expert was insufficient to demonstrate that a company submitted false claims.


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