Daytona, Fla.-based Halifax Hospital Medical Center has filed a motion for summary judgment in an attempt to get the second part of a case against the medical center dismissed before trial begins July 8, according to a Daytona Beach News-Journal report.
In its lawsuit, the government alleged Halifax knowingly violated the False Claims Act and Stark Law by executing contracts with six medical oncologists that included an improper incentive bonus.
The government also alleged Halifax knowingly acted in violation of the law by paying three neurosurgeons more than fair market value for their work, and that the hospital admitted patients who did not need to be admitted then billed Medicare for their care.
Because of the complexity and breadth of the lawsuit, U.S. District Judge Gregory Presnell agreed to split the case into two trials: one focusing on bonuses paid to the oncologists and on the alleged excessive compensation paid to the three neurosurgeons, and a second focusing on the fraudulent billing for the patients who were unnecessarily admitted to the hospital.
The first trial was scheduled to begin March 3, but just before the jury was seated Halifax and prosecutors came to a settlement agreement for $85 million.
In a final attempt to get the second part of the case dismissed before trial begins July 8, Halifax filed a motion for summary judgment arguing the statute of limitations had expired for charges in question from 2002 to 2006 and most of 2007. Halifax also argued the estimated damages calculation should be changed to take into account the multi-million dollar benefit the government received when Halifax provided the Medicare services that are alleged to be improper, according to the Daytona Beach News-Journal.
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