Berg & Androphy: $4.03 Million Settlement in False Claims Act Case Against Encore Rehabilitation Services, LLC
Case involved submission of false claims to Medicare for therapy services that were not reasonable, necessary or skilled
20 Apr, 2020, 12:21 ET
HOUSTON, April 20, 2020 /PRNewswire/ -- Joel M. Androphy and Janis G. Gorton of the Berg & Androphy law firm, along with the United States and several other whistleblowers, have reached a $4.03 million settlement in False Claims Act litigation against Encore Rehabilitation Services, LLC ("Encore").
The case, filed on behalf of the United States, alleged that Encore caused skilled nursing facilities to submit false claims to Medicare for therapy services that were not reasonable, necessary, or skilled. The settlement will net the Government and the whistleblowers more than 90 percent.
The settlement resolves allegations that Encore's policies and practices at three Michigan skilled nursing facilities resulted in the provision of unreasonable, unnecessary, or unskilled rehabilitation therapy or the recording of therapy minutes as individual therapy when concurrent or group therapy was actually provided.
Contemporaneous with the civil settlement, Encore entered into a five-year Corporate Integrity Agreement (CIA) with the U.S. Department of Health & Human Services, Office of Inspector General (HHS-OIG). The CIA requires Encore to implement a risk assessment and internal review process to address compliance risks, as well as training, auditing, and monitoring designed to address the conduct at issue in the case.
The case is United States, et al., ex rel. Whistleblower v. Encore Rehabilitation Services, LLC, et al. (W.D. MI).
About Berg & Androphy
Berg & Androphy, based in Houston, Texas, with offices in New York, and by appointment only in satellite offices in Washington, D.C., Denver, and Miami, has a nationwide qui tam practice representing whistleblowers in many large fraud cases, including health care, financial fraud, and defense contractor fraud cases. The trial lawyers at Berg & Androphy are currently litigating numerous qui tam lawsuits without government intervention. Joel Androphy supervises a team of trial lawyers in this practice area. For more information, please visit our website at www.bafirm.com.
Contact: Joel Androphy and Janis Gorton, Berg & Androphy, (713) 529-5622.
SOURCE Berg & Androphy
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