Elder Justice Prosecutor Samples

Find publicly-filed, sample elder abuse federal and state pleadings and documents. PACER citations have been provided where available.
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Civil Case Pleadings & Materials

United States of America v. Villaspring Heath Care Center, Villaspring of Erlanger Health Care and Rehabilitation, Carespring Health Care Management, LLC, and Barry N. Bortz, held at the U.S. District Court of the Eastern District of Kentucky, Central Division at Frankfurt, United States response in opposition to Defendants' Motion to Dismiss, Motion to Dismiss Denied. (9/27/2011)

Federal
Civil Case Pleadings & Materials

In the United States District Court for the Eastern District of Kentucky, United States v. Villaspring Health Care Center, et al., Memorandum Opinion and Order. Defendant Villaspring Health Care Center Motion to Dismiss denied, Defendant Barry Bortz Motion to Dismiss granted, all claims against Barry Bortz are denied with prejudice, Defendant Villaspring Health Care Center Motion for hearing is denied as moot, Defendant Villaspring Health Care Center Motion to strike is granted in part, Exhibits 5, 6, 7, 8 to the Complaint shall be stricken. (12/19/2011)

Federal
Civil Case Pleadings & Materials

In the United States District Court for the Eastern District of Kentucky, United States v. Villaspring Health Care Center, et al., Summons in a Civil Action to Barry Bortz. Plaintiff demands judgment against Defendants for award of statutory damages plus civil penalties, judgment against the amount paid by Medicare and the Kentucky Medicaid for erroneous claims, judgment against Defendants for the unlawful self-enrichment amounts, attorney fees and costs. (7/15/2011)

Federal
Corporate Integrity Agreements

Corporate Integrity Agreement between the Office of Inspector General of the Department of Health and Human Services and St. Joseph Medical Center. (11/5/10)

Federal
Corporate Integrity Agreements

Corporate Integrity Agreement between the Office of Inspector General of the Department of Health and Human Services and Senior Care Group to promote compliance with the statutes, regulations and written directives of the Medicare and Medicaid programs and all other Federal health care programs, to establish Compliance Program for Brookside and/or Sunrise, Code of Conduct, Training and Educational Programs, and to comply with the established protocol. (10/12/2010)

Federal
Corporate Integrity Agreements

Corporate Integrity Agreement between the Office of Inspector General of the Department of Health and Human Services and Mariner Health Care, Inc. (2/25/10)

Federal
Corporate Integrity Agreements

Corporate Integrity Agreement between the Office of Inspector General of the Department of Health and Human Services, Cathedral Rock Corporation, Cathedral Rock Management LP, Cathedral Rock Investments, Inc., Cathedral Rock Management I, Inc., and C. Kent Harrington. The Agreement is for five years, it applies to any long term care facility of Cathedral Rock ownership. Cathedral Rock to establish and maintain a Compliance program, which includes the election of a Compliance Officer, Committees, and Internal Audit Program, Code of Conduct, Policies and Procedures, Training and Education to staff, the establishment of an Independent Monitor, including Breach and Default Provision. (1/6/2010)

Federal
Senior Care Group, 2010, 17 pgs
Civil Case Pleadings & Materials

Settlement Agreement between the U.S. and Senior Care Group, regarding allegedly improper claims for payment from the Medicare program. The settlement includes monetary payment and terms for payment. (10/12/2010)

Federal
Civil Case Pleadings & Materials

In the United States District Court for the Northern District of Georgia, Rome Division, United States of America v. George D. Houser, and Rhonda Houser aka Rhonda Washington. Criminal Indictment. The defendants are guilty of conspiracy, failure to account for and pay over payroll taxes, failure to file individual income tax returns. Defendants shall forfeit to the United States all property, real and personal, and all proceeds obtained as a result of the violations. (4/14/2010)

Federal
Omnicare, Inc., 2009, 59 pgs
Corporate Integrity Agreements

Amended and Restated Corporate Integrity Agreement between the Office of Inspector General of the Department of Health and Human Services and Omnicare, Inc. (2009)

Federal
Civil Case Pleadings & Materials

United States of America ex rel. Dalisa Bell v. Buena Vista Retirement Center, Inc., et al., in the United States District Court for the District of New Mexico, Settlement Agreement and proposed Consent Judgment. The settlement includes monetary payment and terms for payment. (3/18/2009)

Federal
Civil Case Pleadings & Materials

United States of America v. CATHEDRAL ROCK CORPORATION; CATHEDRAL ROCK MANAGEMENT LP; CATHEDRAL ROCK INVESTMENTS, INC., CATHEDRAL ROCK MANAGEMENT I, INC., CATHEDRAL ROCK OF MISSOURI, INC.; CATHEDRAL ROCK OF ST. LOUIS, INC. d/b/a SPRINGPLACE CARE CENTER; CATHEDRAL ROCK OF BADEN d/b/a McLARAN CARE CENTER; CATHEDRAL ROCK OF BALLWIN d/b/a OAK FOREST SKILLED CARE; CATHEDRAL ROCK OF NORTH ST. LOUIS, INC. d/b/a CATHEDRAL GARDENS CARE CENTER; CATHEDRAL ROCK OF ST. CHARLES INC. d/b/a BLANCHETTE PLACE CARE CENTER; CATHEDRAL ROCK OF ROLLA, INC. d/b/a HERITAGE PARK SKILLED CARE; and C. KENT HARRINGTON, Third Amended Complaint in Intervention of the United States. Plaintiff demands joint and several judgment against the Defendants and appropriate award of statutory damages and civil penalties for all false claims, judgment against Defendants for the amounts paid to Medicare and Medicaid for false and inadequate claims and punitive damages, judgment in equity against defendants for unlawfully obtained amount, interest as allowed by law for all relief, Jury trial demanded. (12/20/2009)

Federal
Civil Case Pleadings & Materials

Settlement Agreement between the United States, the United States Attorney's Office for the Eastern District of Pennsylvania, and on behalf of the Inspector General of the Department of Health and Human Services, Willowcrest Nursing Home. Settlement includes treatment of unallowable costs, monetary claim against Willowcrest Nursing Home, Compliance Program. (8/18/2009)

Federal
Corporate Integrity Agreements

Corporate Integrity Agreement between the Office of Inspector General of the Department of Health and Human Services and Grant Park Nursing Home Limited Partnership Dibi A Grant Park Care Center and Grant Park Management, LLC. (2008)

Federal
Civil Case Pleadings & Materials

An article by Charlene Harrington, Ph.D., University of California San Francisco, regarding comparative research of the staffing requirements in all states and how those requirements apply to certified nursing facilities including facilities certified for Medicare and Medicaid. (1/2008)

Federal
Civil Case Pleadings & Materials

Settlement Agreement and Mutual Releases between the U.S. and Defendants Brookwood Personal Care Home, Inc., Conlyn House, Thoroughgood, Inc., Health Horizon Unlimited, Inc., and Ivy Ridge Personal Care Center, Inc. The settlement includes monetary payment, no participation in any federally-funded health care programs, the closing of operation for Ivy Ridge, and establishing requirements for participating in services. (6/10/2008)

Federal
Holland-Glen, 2008, 7 pgs
Civil Case Pleadings & Materials

United States of America and Commonwealth of Pennsylvania, Department of Public Welfare v. Holland-Glen, in the U.S. District Court for the Eastern District of Pennsylvania, Consent Order. Holland-Glen shall retain a temporary manager, be bound by the terms of the quality of care provisions, transfer all assets in return for good consideration, and comply with appointed monitors. (1/22/2008)

Federal
Holland-Glen, 2008, 60 pgs
Civil Case Pleadings & Materials

United States of America and Commonwealth of Pennsylvania, Department of Public Welfare v. Holland-Glen, in the U.S. District Court for the Eastern District of Pennsylvania, Order, Motion for temporary restraining order. (6/27/2007)

Federal
Civil Case Pleadings & Materials

U.S. ex rel. Linda Gleason and Mary Vassar, Tutera Health Care Services, LLC., a/k/a The Tutera Group, and Geriatrics Management Company, LLC, in the United States District Court for the Western District of Louisiana, Settlement Agreement. The settlement includes monetary payment and terms for payment. (6/10/2008)

Federal
Civil Case Pleadings & Materials

Settlement Agreement between the U. S. DOJ, and on behalf of the Inspector General of the Department of Health and Human Services, through the United States of America Office for the District of Columbia, the District of Columbia, Centennial HealthCare Corporation, Grant Park Nursing Home Limited Partnership, Grant Park Management, LLC, Centennial Service Corporation-Grant Park, Centennial Acquisition Corporation, Centennial Healthcare Management Corporation, Centennial Employee Management Corporation, Hilltopper Acquisition Corporation, Hilltopper Holding Corporation, Shoreline Healthcare Management LLC, and Coastal Administration Services, LLC, Julia Perkins, Martha Ludwig, and Rosa Watson. Settlement includes monetary payment and terms for payment. (8/28/2008)

Federal
Civil Case Pleadings & Materials

Complaint in Intervention of the U. S. against Cathedral Rock Co. and defendants, for submission of false, inflated or improper claims to Medicare and Missouri Medicaid programs for worthless services provided, under the False Claims Act, federal common law, and equitable theories of unjust enrichment and disgorgement of profits, seeking award of statutory damage and civil penalties, reimbursement of the false amounts paid by Medicare and the Missouri Medicaid, punitive damages, a judgment in equity against the specified defendants for the amount unlawfully obtained, submitted by Catherine L. Hanaway, U.S. Attorney. (6/21/2007)

Federal
Civil Case Pleadings & Materials

United States of America and the State of Illinois ex rel. Vanessa Absher and Lynda Mitchell v. Momence Meadows Nursing Center, Inc., and Jacob Graff, in the United States District Court, Central District of Illinois, Order, defendants' motion to dismiss denied, motion for protective order granted and motion to quash granted. Relators' motion for entry of the discovery plan is denied. (3/2/2007)

Federal
Civil Case Pleadings & Materials

United States of America ex rel. Dalisa Bell v. Dr. Ali M. Ghaffari, Linda Rose Ghaffari, Buena Vista Retirement Center, Inc., and Ali M. Ghaffari, Sr., M.D., P.A., in the United States District Court for the District of New Mexico, First Amended Complaint in Intervention. U.S. seeks relief for submission of false claims and unjust enrichment. (6/1/2007)

Federal
Civil Case Pleadings & Materials

U.S. ex rel. Denise Hubbard v. Ciena Healthcare Management, Inc., et al., in the United States District Court for the Eastern District of Michigan, Settlement Agreement. Settlement includes monetary payment and terms for payment. (7/27/2007)

Federal
Civil Case Pleadings & Materials

Settlement Agreement between the Delaware Attorney General Office acting through the Delaware Medicaid Fraud Counter Fraud Unit, the United States of America on behalf of the Inspector General of the Department of Health and Human Services, Green Valley Pavilion, LLC, Relator Walter T. Decyk, III. Settlement includes monetary payment and terms for payment. (5/7/2007)

Federal

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