Florida's Halifax Health Asks Judge to Dismiss Federal Kickback Suit

Attorneys for Daytona Beach, Fla.-based Halifax Health have asked a federal court to throw out a complaint filed by the U.S. Department of Justice that questions the hospital's billing practices and financial relationships with physicians, according to a Daytona Beach News-Journal report.

The DOJ filed suit in early November, alleging the health system violated the anti-kickback law through contracts with three neurosurgeons and medical oncologists. The suit claims the contracts were improper because they paid physicians more than fair market value, were not commercially reasonable or took referrals and patient volume into consideration.

Halifax attorneys have contested the charges, saying the DOJ fails to prove its conclusion that physicians had improper financial relationships with the system. They also say the DOJ "obscures the facts and law wherever possible rather than articulate the who, what, when or where of the alleged 'fraud scheme,'" according to the news report.

Halifax has asked District Court Judge Gregory Presnell to hold oral arguments on its request to dismiss the complaint, according to the report. DOJ attorneys can respond to the system's filing until Dec. 19. The DOJ seeks to recover millions in Medicare and Medicaid payments to the hospital.

Related Articles on Halifax Health:

Justice Dept. Files Suit Against Florida's Halifax Health Alleging Improper Relationships
U.S. Intervenes in Suit Against Florida's Halifax Hospital, Alleges Stark Law Violations
Halifax Health, Bert Fish to Offer Radiation Again After Merger Fall-Out


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