Health Management Associates Pays $260 Million To Settle Whistleblower Lawsuits
Department of Justice settles suit filed by Goldberg Kohn Ltd.
Health Management Associates, LLC (HMA), a subsidiary of Community Health Systems, Inc. (NYSE: CYH), today agreed to pay more
than $260 million to settle whistleblower lawsuits alleging wide-ranging misconduct in emergency rooms, including $62.5 million to
resolve allegations that HMA forced physicians to make unnecessary admissions to its hospitals. The United States Department of
Justice joined the whistleblowers’ lawsuits, filed in federal courts throughout the country, in 2013, before prosecuting the cases
in federal court in Washington, D.C. and ultimately announcing the settlement earlier today.
One of the lawsuits, filed by David Chizewer and Matthew Organ of Goldberg Kohn Ltd., alleged that HMA has, for years,
intentionally and systematically admitted to its hospitals emergency room patients who did not need to be admitted, and then
charged the government for those unnecessary admissions.
According to that lawsuit, HMA established benchmarks for emergency room physicians regarding the percentage of patients that
must be admitted to the hospital, and then enforced those benchmarks by incentivizing and pressuring physicians to meet them. The
benchmarks were allegedly driven by HMA's profit projections, rather than by any health-related criteria. As a result of this
scheme, according to the complaint, HMA knowingly and routinely caused patients to be admitted to its hospitals, even though an
admission was not necessary. Government health care programs, including Medicare and Medicaid, overpaid HMA for these unnecessary
admissions.
Chizewer and Organ filed the lawsuit in Chicago, Ill. on behalf of a well-respected emergency room physician under the qui
tam or whistleblower provisions of the False Claims Act, which encourage private citizens to report fraud against the
government by allowing them to sue on behalf of the government and receive a share of any recovery. The False Claims Act also
allows the government to join and prosecute such lawsuits, as the Department of Justice did in this case, calling the False Claims
Act "one of the most powerful tools" in the effort to combat healthcare fraud.
The United States joined the lawsuit, along with lawsuits filed by other whistleblowers, contending, among other things, that
HMA pressured physicians to increase admissions without regard to medical necessity.
"Corporate interference with physician decision-making for the purpose of bolstering profits jeopardizes patient health at the
expense of American taxpayers," said Matthew Organ, a principal in Goldberg Kohn’s Litigation practice. "Our client had the
integrity to come forward and stop that interference, and we are proud to represent him. We are grateful that the Department of
Justice took our client's allegations seriously, and diligently and skillfully prosecuted the case."
The government team was led by Department of Justice attorneys Marie Bonkowski and Laurie Oberembt.
Community Health Systems acquired HMA in 2014, adding approximately 70 hospitals to its portfolio, making Community Health
Systems one of the largest hospital chains in the country.
The lawsuit is captioned United States of America ex rel. Plantz, M.D., et al. v. Health Management Associates Inc.,
et al., No. 13 CV 1212 (N.D. Ill.). In 2014, the case was transferred to federal district court in the District of Columbia,
along with the other whistleblower suits, and was assigned case number 14 MC 00339.
To view the press release issued by the Department of Justice, visit:
https://www.justice.gov/opa/pr/hospital-chain-will-pay-over-260-million-resolve-false-billing-and-kickback-allegations-one
About Goldberg Kohn's Whistleblower Practice
Serving clients nationwide, Goldberg Kohn's whistleblower attorneys (www.whistleblowersattorneys.com)
are committed to helping fight fraud against the government. They have recovered more than $500 million on behalf of the
government, helping clients bring successful lawsuits against companies that commit fraud by utilizing a growing number of federal,
state and local laws – including the False Claims Act – designed to encourage people with knowledge of fraud against the government
to come forward. These whistleblower laws often provide a financial reward and a level of protection to those who do.
Goldberg Kohn can help whistleblowers make use of these laws to stop fraud, maximize their rewards for coming forward, and
protect them throughout the process. The firm has the experience, sophistication and resources required to take on even the largest
corporate defendants and will fight for clients all the way to the finish line. Goldberg Kohn can be contacted at 312-863-7222
or whistle@goldbergkohn.com.
![](http://cts.businesswire.com/ct/CT?id=bwnews&sty=20180925006251r1&sid=mstr3&distro=nx&lang=en)
Baretz+Brunelle
Jason Milch, 312-379-9406
jmilch@baretzbrunelle.com
View source version on businesswire.com: https://www.businesswire.com/news/home/20180925006251/en/