Long Term Care & Senior Living Blog

On June 23, 2023, the Supreme Court of the United States issued a ruling in Coinbase, Inc. v. Bielski, that a District Court, as a general rule, must stay its proceedings during an interlocutory appeal from the denial of a Motion to Compel Arbitration. Coinbase, Inc. v. Bielski, 143 S.Ct. 999, ____ (2023).

Effective January 1, 2017, Illinois will enact Molly’s Law, which extends the time period in which a victim’s family can file a wrongful death lawsuit in situations where the victim dies as the result of an act that was intentional and violent in nature. This law was introduced by State Representative Terri Bryant (R-Murphysboro) in February 2016. The law amends the current Wrongful Death statute of limitations from two years to five years for scenarios where the death is the result of violent intentional conduct or within one year after the final disposition of the criminal case if the defendant is charged with first degree murder,

The Department of Justice (DOJ) announced a settlement for claims of substandard nursing care and medically unnecessary rehabilitation therapy wherein Extendicare will pay $38 million to settle False Claims Act allegations. Rehabilitation services have been a frequent target for DOJ investigation and settlement of alleged overpayments. Once again, DOJ brings closure to an investigation of an initiative from the Health Care Fraud Prevention and Enforcement Action Team (HEAT). In addition to HEAT, this settlement arose from an investigation related to the Justice Department’s Elder Justice initiative, which coordinates the Office of Inspector General (OIG) efforts to combat elder abuse, neglect and financial exploitation.

The Justice Department is committed to combat fraud and abuse in federal healthcare programs. The most recent complaint filed by the DOJ is against Midwest Neurosurgeons LLC and its owner, Dr. Sanjay Fonn, MD, along with DS Medical LLC and its owner, Deborah Seeger. The defendants allegedly violated the Anti-Kickback Statute and False Claims Act by conspiring to solicit and receive commissions from medical device manufacturers related to the implant of spinal implants and supplies used for spinal fusion surgeries.

The Justice Department announced that St. James Healthcare, a hospital in Butte, Montana, and its parent, Sisters of Charity of Leavenworth Health System, based in Denver, CO, agreed to resolve allegations of violations of the Anti-Kickback Statute, the Stark Law and the False Claims Act by improperly providing financial benefits to physicians and physician groups that made referrals to the hospital.