Partners Lisa Noller and Chris Donovan were quoted in a Law360 article, “Health Care Cases To Watch In 2020,” about a pending False Claims Act case over alleged fraud by hospice chain AseraCare Inc.
Noting that a federal judge had recently rejected a government bid to reopen discovery in the case, Noller, who chairs the firm’s national Government Enforcement Defense & Investigations Practice, said that “[w]ithout significant additional evidence, the case will be an uphill battle at trial.”
Donovan said health care providers facing similar FCA cases with inherently subjective diagnoses will now be pondering how they can “align those scenarios to the AseraCare case.”
