Wilson v. Bristol-Myers Squibb, Inc., 750 F.3d 111 (1st Cir. Flanagan v. FRESENIUS MEDICAL CARE HOLDINGS, INC. (1:21-cv-11627), Massachusetts District Court Flanagan v. FRESENIUS MEDICAL CARE HOLDINGS, occurred in the manner which is specified in the FCA; and (3) the relator's suit [is] based upon' those publicly disclosed allegations or transactions. U.S. ex rel. 01 Jun 2022. any good, facility, service, or item for which payment may be made in whole or in part under a Federal health care program shall be guilty of a felony. Paperback. Here, the complaint describes in general terms how claims are submitted to Medicare and Medicaid; it describes the various ways in which FMCNA allegedly paid kickbacks for referrals; and as to each such aspect of the scheme, it alleges that every claim or all claims were fraudulent. (Id. Among other things, the complaint uses the passive voice throughout: claims were submitted, rather than FMCNA submitted claims.. 2021) case opinion from the District of Maryland US Federal District Court 40.1(i) and with the approval of the Chief Judge hereby return the case for reassignment by the Clerk through the random draw appropriate for this case, under which all eligible judges -including me - will be eligible for proper assignment according to the luck of the draw. Stevens v. Vermont Agency of Nat. Feb. 25, 2013), the mere publication of compensation information, without an allegation of fraud or misrepresentation, is not sufficient to trigger the bar. (McManus, Caetlin) (Entered: 11/22/2021), Docket(#14) MOTION for Leave to Appear Pro Hac Vice for admission of Jamie Bennett Filing fee: $ 100, receipt number AMADC-9065597 by Martin Flanagan. Although the budgetary spreadsheets were reviewed and approved by mid-level and upper management, the complaint alleges that the decision to run hospital programs at a loss was made by corporate management. Make your practice more effective and efficient with Casetexts legal research suite. L. No. . Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. It is true that a violation of the Anti-Kickback Statute that results in a federal health care payment is a per se false claim. Guilfoile, 913 F.3d at 190. Poteet v. Medtronic, Inc., 552 F.3d 503, 516-17 (6th Cir. The Call. As its Western Division director of acute market development, he was 40.1(i) and with the approval of the Chief Judge hereby return the case for reassignment by the Clerk through the random draw appropriate for this case, under which all eligible judges -including me - will be eligible for proper assignment according to the luck of the draw. . (Id.). 286 (Texas) (All such claims . 1998) (rev'd on other grounds, 529 U.S. 765 (2000)). Journal of Intensive Care Medicine 2011 26: 4, 237-249 Download Citation. (Attachments: #1 Affidavit Certificate of W. Scott Simmer in Support of Motion for Admission Pro Hac Vice)(Sullivan, Christopher) (Entered: 11/22/2021), (#11) Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #6 Motion for Leave to Appear Pro Hac Vice Added James F. Bennett. 2009) to support the contention that when a first-filed complaint is dismissed on jurisdictional grounds, it cannot bar a later-filed complaint. On February 5, 2021 a long-time former Fresenius Medical Care North America (Fresenius) employee, Martin Flanagan, filed a qui tam relator amended complaint (Complaint) against Fresenius alleging that the company had entered into arrangements with hospitals and physicians in order to secure dialysis patient referrals for Fresenius outpatient dialysis clinics, and that such arrangements violated the Federal False Claims Act (FCA) and the Federal Anti-Kickback Statute (AKS). . A subscription to PACER is required. . Martin Flanagan is a Director, National of Acute Dialysis Services at Fresenius Medical Care North America based in Waltham, Massachusetts. . (Entered: 10/05/2021), (#1) ELECTRONIC NOTICE of Case Assignment. Where the defendant allegedly caused a third party to submit a false claim to the government, rather than submitting the false claim itself, a more flexible standard applies, under which Rule 9(b) is satisfied by providing factual or statistical evidence to strengthen the inference of fraud beyond possibility without necessarily providing details as to each false claim submitted. U.S. ex rel. 256-69 (IMN and other practices in Indiana); id. . Pilon v. Martin Marietta Corp., 60 F.3d 995, 998-99 (2d Cir. (Id. Westmoreland v. Amgen, 707 F.Supp.2d 123, 130 (D. Mass. Judge Douglas P. Woodlock assigned to case. Private persons, known as relators, can file civil qui tam actions on behalf of the United States against persons or entities who violate the act. Sanders, 553 U.S. 662 (2008). Martin L. Flanagan is a businessperson who has been at the helm of 13 different companies. 2009). (Id. That may, in part, be a result of the fact that relator did not work in any financial or billing capacity, but rather worked as the Director of Acute Market Development for the Fresenius Western Business Unit, and negotiated contracts between FMCNA and hospitals for in-patient dialysis treatment. Notice of appeal (doc. 3729-33, provides for civil liability for anyone who knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval or knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim. 31 U.S.C. 131). . Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. The complaint also alleges that Fresenius regularly entered into a variety of problematic arrangements with nephrologists and nephrology group practices intended to secure patient referrals for Fresenius wholly-owned and joint venture outpatient dialysis centers, including: Many of the allegations contained in the Complaint of inappropriate physician arrangements are similar, in many regards, to the allegations contained in whistleblower David Barbettas complaint filed against DaVita in federal district court in 2009. CHAMPVA, which is administered by the United States Department of Veterans Affairs, is a health-care program for families of veterans with 100% service-connected disabilities and provides ESRD benefits to covered beneficiaries. . (Id. Flanagan and his colleagues were allegedly instructed by their superiors to obtain hospital contracts at any cost to secure the referrals of discharged patients. The second issue is whether the public-disclosure bar of the statute precludes all or any of the claims-that is, whether relator is filing suit concerning matters that had been previously disclosed to the public. . In many states, Medicaid pays for treatment costs for ESRD patients who do not qualify for Medicare and/or pays for the 20% of treatment costs not covered by Medicare. (Id. Ge v. Takeda Pharm. The Marvel Studios Phenomenon. See Id. (Id. The CKD complaint therefore contained the essential facts alleged here, thus barring the allegations contained in the amended complaint. may be available from PACER. (Id. (Id. 23641 (Balboa Nephrology Medical Group in California); id. 2019) (cleaned up). For the sake of simplicity, the Court will focus first on the Medicare claims. b. Instead, it alleges that FMCNA paid kickbacks for referrals on a widespread basis, and that therefore all claims for payment that it submitted to the government were false. . We remand for further proceedings. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. And it did not allege that FMCNA provided free or below-cost practice-management services to physicians. These arrangements allegedly also used long-term non-competition covenants to lock in patient referrals for the centers; non-fair market value space leases for dialysis centers where there was a landlord physician referral source; and. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. et al, County of Lycoming v. Purdue Pharma, L.P. et al, Lazy S Ranch Properties v. Valero Terminaling and Distribution, et al, Lester E. Cox Medical Centers d/b/a Cox Medical Centers et al v. Amneal Pharmaceuticals, LLC et al. at *3 (collecting cases). (Id. Flanagan v. Fresenius Medical Care Holdings, Inc. FRESENIUS MEDICAL CARE HOLDINGS, INC., d/b/a Fresenius Medical Care North America, CIVIL CASE docketed. 2009) (Duxbury I). Furthermore, they do not directly disclose the existence of any of the alleged schemes, or any other form of fraud, nor do they describe facts from which the existence of a fraudulent scheme might be inferred. v. Fresenius Medical Care Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Previously, Kelly was a Quality Assurance Analyst at S Read More Contact Kelly Flanagan's Phone Number and Email Last Update 3/15/2023 6:18 PM Email k***@fresenius-kabi.com Engage via Email Contact Number (708) ***-**** Engage via Under the FCA, a relator must comply with the following requirements: Those notification requirements were enacted to allow the Government an adequate opportunity to fully evaluate the private enforcement suit and determine both if that suit involves matters the Government is already investigating and whether it is in the Government's interest to intervene and take over the civil action. United States ex rel. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, . Previo Read More Export Get Full Access to Martin's Info Last Update 12/13/2021 10:41 PM Email @fmcna.com HQ Phone (781) 699-9000 Company Fresenius Medical Care North The complaint further alleges a scheme to provide favorable leases to physician groups in order to induce referrals. It also provides a very limited amount of statistical evidence to attempt to bolster those allegations. Michael D. Flanagan is a Internist in Bryn Mawr, PA. Find Dr. Flanagan's phone number, address, insurance information, hospital affiliations and more. (Id.). . . (Danieli, Chris) (Entered: 11/02/2021), (#8) Judge Douglas P. Woodlock: ELECTRONIC ORDER FOR TRANSFER entered. (Id. (Am. (McManus, Caetlin) (Entered: 11/02/2021), (#9) ELECTRONIC NOTICE of Case Reassignment. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. 1:2014cv00665 - Document 72 (D. Md. It then alleges, in general terms, that all claims from those facilities were tainted by kickbacks and therefore constitute false claims within the meaning of the False Claims Act. Fourth, it alleges that FMCNA entered into favorable leases with medical directors that paid them above-market rates. The complaint alleges that FMCNA made a calculated business decision to offer inpatient dialysis services to hospitals at prices well below cost in order to capture referrals of discharged patients to its dialysis clinics. The settlement required DaVita to repay a total of $400 million to the federal government and various states, and the CIA that it entered into with the government impacted various aspects of DaVitas business operations. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. Jason S. Greis at 312.624.6412 [email protected]. [ ]. 11). Under the circumstances, the Court concludes that it does not. were false.) (emphasis added)). free or discounted physician practice alignment services, including providing dedicated chronic kidney disease educator services, financial coordination services for patients beginning dialysis, vascular access development services and assistance with physician recruiting through Fresenius online recruiting platform. WebMartin Flanagan. FMCNA tracked the referrals recorded as part of the Bridge Program. The plaintiff further recounts various instances where Fresenius leadership was questioned about the fair market value of such relationships and the companys alleged failure to enforce annual contractual rate increases. 31 U.S.C. our revenues would decrease. (Id. Fresenius Medical Care North America, Waltham, MA, USA See all articles by this author. 45). At most, the filings describe a set of circumstances that might be vulnerable to manipulation. Id. The first-to-file bar provides that [w]hen a person brings an action . 3730(b)(2); (2) the claims are barred by the FCA publicdisclosure bar, 31 U.S.C. (Id.). (Id. WebA division of Fresenius Medical Care North America, Azura Vascular Care partners with dedicated, highly skilled physicians and surgeons, providing opportunities for practice He is also a trustee and vice-Chair of the Inv Martin Flanagan's Phone Number and Email Last Update 4/3/2023 2:19 PM Contact Number (***) ***-**** Engage via Phone Mobile Number (***) ***-**** Engage via Mobile Test Drive 11). Mem. no person other than the Government may intervene or bring a related action based on the facts underlying the pending action. 31 U.S.C. . His last title was Director of Acute Market Development for the Fresenius Western Business Unit. See Wilson, 2011 WL 2462469, at *7. As noted, there are no allegations at all concerning the payments of claims under the CHAMPUS/TRICARE or CHAMPVA programs. FMCNA generated reports to track which medical directors and their practice groups referred patients to outside clinics and the reasons why. 170. 01 Oct 2018. Martin Flanagan hasnt hidden himself from view in The Short Long Book but he says he wouldnt trust any journalist who did. CKD Project, LLC v. Fresenius Med. The objective of the essential facts test is to determine whether the statutorily required threshold for notifying the government of the fraud alleged in the later-filed suit has been met. POLEN and STEVENSON, JJ., concur. 83). 172, 206-13). 2016). (g), I respectfully disagree with that interpretation. 2:22-CV-01807 | 2022-10-21, U.S. District Courts | Personal Injury | A claim is any request or demand . Defendant further contends that the original complaint did not contain any allegations concerning medical-director agreements, and that all claims based on such agreements should likewise be dismissed. 2013) (quoting Duxbury I, 579 F.3d at 21). 3730(b)(2). See 31 U.S.C. 02 Jun 2016.
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