· 8/20/2014
United States Ex Rel. Absher v. Momence Meadows Nursing Center, Inc.
Citations
- 764 F.3d 699
- 38 I.E.R. Cas. (BNA) 1619
- 2014 U.S. App. LEXIS 16063
- 2014 WL 4092258
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the public disclosure bar did not apply to the relator’s allegation that the defendant “refused to chart incidents of scabies, pressure ulcers, and rashes” because the defendant “d[id] not offer evidence that the government survey reports disclosed this misconduct”
- noting that while á relator may have concerns regarding the quality of care, raising those concerns is different than investigating actual fraud
- noting that statistical evidence may be used to prove the number of false MDS forms submitted
- noting that a “diminished value” theory does not satisfy the worthless services standard and stating that “[services that are ‘worth less’ are not ‘worthless’ ”
- noting that the amendment raises doubt about whether Rockwell remains good law, but it declined to decide the issue because the pre-amendment version applied in that case
- noting that “[i]t is not enough to offer evidence that the defendant provided services that are worth some amount less than the services paid for … services that are ‘worth less’ are not ‘worthless’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Manion, Sykes, Griesbach
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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