Previously, Martin was a Direct or, Acute Maket Development Wbd at Fresenius Medical Care North America. The False Claims Act permits relators to reap substantial awards for reporting false claims to the government-in this case, the relator could conceivably recover billions of dollars if his allegations are proved. United States v. Fresenius Med. Care Holdings - casetext.com 162). According to the complaint, [f]or this reason, claims submitted to the state Medicaid agencies are presented to the federal government within the meaning of the [False Claims Act]. (Id.). Here, despite its length, the amended complaint does not describe a single particular false claim. Flanagan v. Fresenius Medical Care Holdings, Inc., No. . (Id. Martin Flanagan FMCNA is headquartered in Waltham, Massachusetts. (Danieli, Chris) (Entered: 11/02/2021), (#8) Judge Douglas P. Woodlock: ELECTRONIC ORDER FOR TRANSFER entered. Nov. 12, 2014) (ECF No. See Id. For the foregoing reasons, defendant's motion to dismiss is GRANTED. And under Rule 9(b), those claims must be described with some level of specificity. The second question is whether there is an exception to the first-to-file bar that would allow relator's pre-2010 claims to survive. (Id. 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. Flanagan It alleges that Flanagan and colleagues were directed by their superiors to pursue contracts even when they resulted in losses. 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 45). But this is not enough to satisfy Rule 9(b).). Relator did comply with that requirement before filing his original complaint, which was 22 pages long and described an illegal scheme with two essential components. WebMartin Flanagan is a Director, National of Acute Dialysis Services at Liberty Dialysis based in Anchorage, Alaska. The CKD complaint therefore contained the essential facts alleged here, thus barring the allegations contained in the amended complaint. Suppose, for example, that in a world free from kickbacks, 25% of the dialysis services business of FMCNA would have been captured by competitors. Another six described a scheme involving improper remuneration relationships with physicians who serve as medical directors at Fresenius clinics. (Id. According to the complaint, FMCNA paid inflated amounts for controlling interests in the joint venture while selling shares below fair market value to physicians who were in a position to make referrals. 1:20-CV-11927 | 2020-10-26, U.S. District Courts | Other | (Id. 308-14). Full title:UNITED STATES ex rel. Martin Flanagan has been a director and President and Chief Executive Officer of Invesco since 2005. v. Fresenius Medical Care Under the circumstances, the Court concludes that the bar does not apply. The complaint does not allege, even in general terms, how claims are submitted under the CHAMPUS/TRICARE or CHAMPVA programs. 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 False Claims Act, 31 U.S.C. 308, 321). Nonetheless, the First Circuit has identified some examples of specific allegations that may suffice to state a claim with the requisite particularity. 4.9 out of 5 from 219 Patient Satisfaction Ratings. For example, in United States ex rel. This action is taken to insure the parties receive timely notice of the properly assigned presiding judge and is without prejudice to consideration by the Court as a whole whether Local Rule 40.1 should be amended in some fashion to eliminate any further misunderstanding by the Clerks Office. . . Counsel may need to link their CM/ECF account to their upgraded individual pacer account. 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. 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 Mem. Read More . 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. (Id.). 110-11). It then alleges: The complaint does not, however, identify a single specific false claim submitted in connection with any of those dialysis centers. That is not sufficient, under the case law, to state a false claim with particularity within the meaning of Rule 9(b). Duxbury I, 579 F.3d at 33; United States ex rel. . The following is a relevant excerpt from an SEC filing cited by the court in CKD: That excerpt discloses that the joint ventures do not qualify for safe-harbor protection and identifies the penalties that might be imposed should the company be found to be in violation of the relevant statutes. Submission of claims to Medicaid that were ineligible for payment because of violation of the AKS are actionable under the FCA because the payments of those claims were made with federal funds. (Id. Nor is the issue whether the scheme should, in some fashion, be redressed. In other words, an AKS violation that results in a federal health care payment is a per se false claim under the FCA. Guilfoile v. Shields, 913 F.3d 178, 190 (1st Cir. A subscription to PACER is required. General Description of Medicare and Medicaid Claim Systems. Moreover, referral sources were routinely permitted to own more than 40% of the joint venture investment, contrary to HHS OIG guidance. facetime call on chromebook; I understand that the relevant personnel have since received training to avoid such errors in the future. Co. Ltd., 737 F.3d 116, 123 (1st Cir. 2009). Util. Finally, the complaint alleges that medical directors were required to sign agreements containing non-competition provisions in order to preclude any medical director and those in the same practice group from engaging in any remunerative relationship with another dialysis company. (Reuters) - A former top legal executive at Germany's Fresenius Medical Care AG & Co KGaA sued the dialysis clinic operator on Tuesday alleging he was Martin Flanagan Appearance form, Docketing Statement, and Transcript Report/Order form due 04/19/2023. 293 (Washington state) (All such claims . Defendant next contends that the remaining FCA claims in the amended complaint are barred by the public-disclosure bar of the statute, 31 U.S.C. According to the complaint, FMCNA pitched medical-director positions to nephrologists as a way to earn a considerable income for little or no investment of time. (Id. 3730(e)(4)(B) (2006). The Medicare ESRD program is administered through the Centers for Medicare & Medicaid Services (CMS), an agency within the Department of Health and Human Services (HHS). . 361 (Dallas Nephrology Associates)). There is, of course, considerable logic to relator's arguments: if 100% of the business of FMCNA is tainted by kickbacks, and if 80% or more of the business of FMCNA involves government payors, it follows that FMCNA must have submitted many false claims. (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. 1320a-7b(b), and the resulting claims to Medicare were tainted by illegal kickbacks in violation of the False Claims Act. 2019) (cleaned up). 270-84 (ENA and other practices in North Carolina); id. Bonuses and performance evaluations for mid-level managers were tied, in part, to patient growth and the increase in number of treatments at individual clinics. Nor does it provide any representative or sample claims. 18). (McManus, Caetlin) (Entered: 11/22/2021), (#17) MOTION for Leave to Appear Pro Hac Vice for admission of Noah M. Rich Filing fee: $ 100, receipt number AMADC-9065658 by Martin Flanagan. Fighting proud: the remarkable story of Indigenous 01 Jun 2022. 247-48). (McManus, Caetlin) (Entered: 11/02/2021), (#10) Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #5 Motion for Leave to Appear Pro Hac Vice Added Megan S. Heinz. The entire basis of the complaint is a theory of tainted referrals; kickbacks paid by FMCNA tainted the physician-referral process, which enabled the company to obtain, unlawfully, a larger share of referrals than it would have otherwise in a properly functioning market. (Attachments: #1 Affidavit Certificate of W. Scott Simmer in Support of Motion for Admission Pro Hac Vice)(Sullivan, Christopher) (Entered: 11/22/2021), Docket(#12) NOTICE of Appearance by Christopher P. Sullivan on behalf of Martin Flanagan (Sullivan, Christopher) (Entered: 11/18/2021), Docket(#11) Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #6 Motion for Leave to Appear Pro Hac Vice Added James F. Bennett. 750 F.3d at 120. 25) and five paragraphs addressing how the scheme resulted in false claims (Id. 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. WebA division of Fresenius Medical Care North America, Azura Vascular Care partners with dedicated, highly skilled physicians and surgeons, providing opportunities for practice FMCNA tracked the referrals recorded as part of the Bridge Program. (Id. (Id. for reimbursement were submitted to the government. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Now, a relator may also qualify as an original source if prior to a public disclosure under subsection (e)(4)(a), [he] voluntarily disclosed to the Government the information on which allegations or transactions in a claim are based. Id. 30-31). 1:2014cv00665 - Document 72 (D. Md. The question here is whether the complaint has met that standard. Flanagan A medical director's productivity was tracked, and contracts with medical directors who generated a large number of patients were renewed. Second, defendant contends that a complaint alleging medical-director fraud filed in Missouri in 2005 against two different companies-both of which were later acquired by FMCNA-qualified as a public disclosure barring the current allegations. 23-7001 | 2023-01-06, U.S. District Courts | Personal Injury | . (Id. Flanagan v. FRESENIUS MEDICAL CARE HOLDINGS, INC. (1:21-cv-11627), Massachusetts District Court Flanagan v. FRESENIUS MEDICAL CARE HOLDINGS, 3730(e)(4)(B). This docket was last retrieved on April 5, 2023. Vascular Access Care - Fresenius Medical Care 15). 256-69 (IMN and other practices in Indiana); id. (Id. . 40. As to the appellee L. Martin Flanagan, we affirm. joins whistleblower suit vs. Fresenius 22-1304 | 2022-04-25, U.S. Courts Of Appeals | Other | Id. Ex. . The district court had found that the relators had violated the filing and service requirements of the FCA because the new allegations were not substantially similar to those in the original complaint. Relator Martin Flanagan has brought suit against defendant Fresenius Medical Care Holdings, Inc., d/b/a Fresenius Medical Care North America (FMCNA), 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. Wilson v. Bristol-Myers Squibb, Inc., 2011 WL 2462469, at *6-7 (D. Mass. Whistleblower Lawsuit Against Fresenius Alleges 25). The complaint describes a culture of doing whatever it takes to enter into hospital contracts to secure patient referrals for Fresenius outpatient dialysis centers. Join Facebook to connect with Martin Flanagan and others you may know. (Am. 285-91 (practices in Texas); id. Please contact one of the authors below or a member of theBenesch Healthcare+ Practice Groupif you have questions regarding information contained in this Client Alert. Martin Flanagan - Director, Natio.. - Liberty Dialysis 2009) (Duxbury I). Previo usly, Compl. #57) filed by Appellant Martin Flanagan. . (Id. Flanagan v. Fresenius Medical Care Holdings, Inc. (#18) Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #17 Motion for Leave to Appear Pro Hac Vice Added Noah M. Rich. . In substance, it is a dressed-up version of a generalized allegation: it essentially alleges that if a practice benefited financially from a relationship with FMCNA, and if it administered 104,000 treatments, and 93% of those were to patients who were beneficiaries of government-sponsored healthcare programs, then it submitted 96,720 false claims. As to the alleged scheme to provide other services to hospitals, the complaint alleges the following: As to the scheme to provide free or below-cost practice-management services, the complaint alleges the following: As noted, despite its length and detail, the description of the fraudulent scheme set out in the complaint, without more, is insufficient to state a claim under the False Claims Act. 3730(c)(3). It appears, therefore, that the government may have suffered little or no actual financial loss. Mo. Care Holdings, Civil Action 21-11627-FDS (D. Mass. . [23-1305] (JAW) [Entered: 04/05/2023 09:24 PM]. Karvelas v. Melrose-Wakefield Hosp., 360 F.3d 220, 233 (1st Cir. The complaint alleges that FMCNA provided free discharge-planning services to hospitals, free in-service training to staff, free training to patients, and free quality assessment and improvement program data analysis. b. 233 (Diablo Nephrology) (Every claim for reimbursement [FMCNA] submitted to [f]ederal health care programs associated with the treatment of these patients was tainted by kickbacks and therefore false within the meaning of the FCA.); id. Flanagan v. Fresenius Medical Care Holdings, Inc. (Id. 3729(a)(1)(A) (Count 1); making or using false records material to a false or fraudulent claim in violation of the False Claims Act, 31 U.S.C. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. It is insufficient to allege a scheme and then to make generalized allegations that the scheme must have, as a matter of logic, resulted in false claims. Martin Flanagan and United States of America: Defendant: FRESENIUS MEDICAL CARE HOLDINGS, INC. doing business as Fresenius Medical Care North Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. 242-55 (NANI in Illinois); id. Quick View. Ex. Contact. The qui tam action at issue was United States ex rel. Defendant also contends that the claims concerning joint-venture agreements are barred by the first-to-file rule. The complaint alleges that the Bridge Program was actually designed to capture all of a hospital's referrals, as about half of the company's patients came into [FMCNA] clinics via [the discharge planning process]. (Id. Why is this public record being published online? . US$20.14. According to the complaint, FMCNA offered physicians the opportunity to enter into free practice-management agreements, in return for which it obtained the practice's data from the prior three to five years.

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