Case: U.S. v. Greenbelt Nursing

8:98-cv-03113 | U.S. District Court for the District of Maryland

Filed Date: Sept. 14, 1998

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On September 14, 1998, the U.S. Department of Justice filed a lawsuit under 31 U.S.C. § 3729 (the False Claims Act) against Greenbelt Nursing and Rehabilitation Center in Greenbelt, Maryland. The Center's parent corporations, Northern Health Facility and Extendicare Health Services, were also named defendants. The suit was filed in the U.S. District Court for the District of Maryland.The government alleged that the Center had failed to comply with the provisions required for facilities filing…

On September 14, 1998, the U.S. Department of Justice filed a lawsuit under 31 U.S.C. § 3729 (the False Claims Act) against Greenbelt Nursing and Rehabilitation Center in Greenbelt, Maryland. The Center's parent corporations, Northern Health Facility and Extendicare Health Services, were also named defendants. The suit was filed in the U.S. District Court for the District of Maryland.

The government alleged that the Center had failed to comply with the provisions required for facilities filing claims for Medicare and Medicaid bills, and its lack of compliance indicated a failure to provide adequate care to residents. The claim was prompted by reports from the State of Maryland, which surveyed the facility in January 1998 and found it to be out of compliance with Medicaid provider participation requirements and with standards of proper patient care.

After several attempts to revise its policies, Greenbelt successfully demonstrated to the State of Maryland and the federal Health Care Financing Administration its compliance with Medicare provider requirements, and its certifications were reinstated in July 1998.

Despite the reinstatement of the facility's Medicare provider status, a U.S. Department of Justice investigation into the Greenbelt's noncompliance continued. An August 1998 visit to the facility revealed that it was still failing to meet Medicare program requirements and failing to provide adequate care to patients.

The government's complaints about Greenbelt's deficiencies in care included a failure to provide adequate health care, to administer medication properly, or to provide wound care. Greenbelt also failed to meet residents' nutritional needs. Furthermore, staff training was insufficient. As such, the government alleged that Greenbelt's submission of claims for payment to Medicare and Medicaid programs for January - August 1998 violated the False Claims Act, in that the claims falsely represented compliance with conditions for payment under the Nursing Home Reform Act. The government asked the court for preliminary injunctive relief and monetary damages as a penalty.

On September 14, 1998, the court (Judge Alexander Williams, Jr.) approved the parties' Joint Motion for Preliminary Injunctive Relief. The Motion provided for Greenbelt to comply with the Nursing Home Reform Act, in particular those portions regarding Medicaid and Medicare payments. The parties agreed to a have a monitor supervise the enforcement of the modifications. In addition, the Motion called for improvements in basic care and resident safety, as well as nutrition and wound care, assessments and care plans, and activities. The use of physical and chemical restraints would be used only in appropriate situations, and psychiatric, nursing and medical care would be available whenever necessary. Finally, the parties agreed to employ a sufficient number of adequately trained staff. U.S. v. Northern Health Facilities, Inc., 25 F. Supp. 2d 690 (D. Md. 1998).

On December 7, 1998, Greenbelt Nursing home filed a crossclaim against the government. Greenbelt sought a court order enjoining the government from terminating its participation in the Medicare and Medicaid programs, arguing that it may have to close if it stopped receiving such payments. After a hearing on December 9, 1998, the court (Judge Williams) denied the plaintiffs' Motion for a Temporary Restraining Order on December 28, 1998. Northern Health Facilities v. U.S., 39 F. Supp. 2d. 563 (D. Md. 1998).

On January 5, 1999, the parties put forth a joint motion to rescind the injunction, which the court (Judge Williams) approved on January 7, 1999. The court further ordered the Temporary Manager and Monitor to immediately cease their activities as prescribed by the Order. Subsequently, on May 19, 1999, the parties entered a joint Motion for Settlement Order, which the court (Judge Williams) approved on May 21, 1999. The case was closed on the same day.

Summary Authors

Laura Uberti (6/22/2006)

People


Judge(s)

Williams, Alexander Jr. (Maryland)

Attorneys(s) for Plaintiff

Bartz, Philip D. (District of Columbia)

Battaglia, Lynne A. (Maryland)

Hirchfield, Martha (District of Columbia)

Kameen, Elizabeth M. (District of Columbia)

Lieber, Sheila M. (District of Columbia)

McDermott, Kathleen (District of Columbia)

Nolan, Margaret Ann (Maryland)

Sekus, Perry F. (Minnesota)

Tarver, Kimberly Nichelson (District of Columbia)

Judge(s)

Williams, Alexander Jr. (Maryland)

Attorneys(s) for Plaintiff

Bartz, Philip D. (District of Columbia)

Battaglia, Lynne A. (Maryland)

Hirchfield, Martha (District of Columbia)

Kameen, Elizabeth M. (District of Columbia)

Lieber, Sheila M. (District of Columbia)

McDermott, Kathleen (District of Columbia)

Nolan, Margaret Ann (Maryland)

Sekus, Perry F. (Minnesota)

Tarver, Kimberly Nichelson (District of Columbia)

Attorneys(s) for Defendant

Gray, Jefferson M. (Maryland)

Sollins, Howard L. (District of Columbia)

Documents in the Clearinghouse

Document

8:98-cv-03113

Docket (PACER)

May 21, 1999

May 21, 1999

Docket

8:98-cv-03113

Preliminary Injunctive Order

Jan. 1, 1998

Jan. 1, 1998

Order/Opinion
4

8:98-cv-03113

Preliminary Injunction Order

25 F.Supp.2d 690

Sept. 14, 1998

Sept. 14, 1998

Order/Opinion
2

8:98-cv-03113

Motion for Preliminary Injunctive Relief

Sept. 14, 1998

Sept. 14, 1998

Pleading / Motion / Brief
1

8:98-cv-03113

Complaint

Sept. 14, 1998

Sept. 14, 1998

Complaint

98-04006

Memorandum Opinion

Greenbelt Nursing v. U.S.

39 F.Supp.2d 563

Dec. 28, 1998

Dec. 28, 1998

Order/Opinion

Resources

Docket

Last updated Aug. 9, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; (ajh, Deputy Clerk) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

1

DEMAND for jury trial by USA (ajh, Deputy Clerk) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

2

MOTION by plaintiff, USA for Preliminary Injunctive Relief (c/s) (ajh, Deputy Clerk) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

3

Request by plaintiff, USA to Withhold issuance of process pending further Notice (c/s) (ajh, Deputy Clerk) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

4

ORDER granting [2-1] Joint Motion of parties for Preliminary Injunctive Relief, as therein more particularly set forth ( signed by Judge Alexander Williams Jr. 9/15/98 ) (c/m 9/16/98 hg) (mdd, Deputy Clerk) (Entered: 09/17/1998)

Sept. 17, 1998

Sept. 17, 1998

5

STIPULATION OF EXTENSION, of parties, (for) the selection and hiring of the Temporary Mananger, Monitor, and certified nurse practitioner, on or before 10/9/98, and ORDER "APPROVING" ( signed by Judge Alexander Williams Jr. 10/5/98) (c/m 10/6/98 cm) (mdd, Deputy Clerk) (Entered: 10/07/1998)

Oct. 7, 1998

Oct. 7, 1998

6

MOTION by USA for Kathleen McDermott to Withdraw as Attorney . (mdd, Deputy Clerk) (Entered: 12/18/1998)

Dec. 18, 1998

Dec. 18, 1998

6

ORDER granting [6-1] motion for Kathleen McDermott to Withdraw as Attorney (Terminated attorney Kathleen McDermott for USA) ( signed by Judge Alexander Williams Jr. 12/17/98 ) (c/m 12/17/98 cm) (mdd, Deputy Clerk) (Entered: 12/18/1998)

Dec. 18, 1998

Dec. 18, 1998

7

JOINT MOTION by parties to Rescind [4-1] Order . (c/s) (mdd, Deputy Clerk) (Entered: 01/06/1999)

Jan. 5, 1999

Jan. 5, 1999

8

ORDER granting [7-1] joint motion to Rescind [4-1] Order, "RESCINDING" Order effective the date of this order; "FURTHER ORDERING" that the Temporary Mangager and Monitor immediately cease conducting activities, as therein set forth ( signed by Judge Alexander Williams Jr. 1/6/99 ) (c/m 1/6/99 hg) (mdd, Deputy Clerk) (Entered: 01/07/1999)

Jan. 7, 1999

Jan. 7, 1999

9

ORDER "APPROVING" Entry of Appearance for counsel ( signed by Judge Alexander Williams Jr. ) (c/m) (mdd, Deputy Clerk) (Entered: 01/11/1999)

Jan. 8, 1999

Jan. 8, 1999

10

CONSENT MOTION by Greenbelt Nursing to Extend Time to Answer or Respond to Complaint, through 3/15/99 . (c/s) (mdd, Deputy Clerk) (Entered: 02/08/1999)

Feb. 8, 1999

Feb. 8, 1999

11

ORDER "GRANTING" [10-1] motion by Defendants to Extend Time to Answer or Respond to Complaint, through 3/15/99 ( signed by Judge Alexander Williams Jr. 2/10/99 ) (c/m 2/10/99 kc) (td, Deputy Clerk) (Entered: 02/11/1999)

Feb. 11, 1999

Feb. 11, 1999

12

SECOND CONSENT MOTION by Greenbelt Nursing to Extend Time to Answer or Respond to Complaint (c/s for sign.) (mdd, Deputy Clerk) (Entered: 03/15/1999)

March 12, 1999

March 12, 1999

13

ORDER granting [12-1] motion to Extend Time to Answer or Respond to Complaint; Reset Answer deadline to 4/15/99 for Extendicare Health, for Extendicare Health, for Extendicare Holdings, for Extendicare Health, for Northern Health, for Greenbelt Nursing ( signed by Judge Alexander Williams Jr. 3/12/99) (c/m 3/16/99 lad) (mdd, Deputy Clerk) (Entered: 03/16/1999)

March 16, 1999

March 16, 1999

14

ORDER granting [12-1] Consent motion to Extend Time to Answer or Respond to Complaint, through April (?), 1999 ( signed by Judge Alexander Williams Jr. 3/16/99 ) (c/m 3/17/99 hg) (mdd, Deputy Clerk) (Entered: 03/17/1999)

March 17, 1999

March 17, 1999

15

THIRD CONSENT MOTION by Extendicare Health, Extendicare Health, Extendicare Holdings, Extendicare Health, Northern Health, Greenbelt Nursing to Extend Time to Answer or Respond to Complaint (c/s for sign.) (mdd, Deputy Clerk) (Entered: 04/16/1999)

April 15, 1999

April 15, 1999

17

JOINT MOTION by USA, Defendants for Settlement Order . (c/s for sign.) (mdd, Deputy Clerk) (Entered: 05/20/1999)

May 19, 1999

May 19, 1999

18

JOINT MOTION of parties for Settlement Order pursuant to Rule 11, and ORDER "GRANTING" ( signed by Judge Alexander Williams Jr. 5/20/99) (c/m 5/20/99 cm) (mdd, Deputy Clerk) (Entered: 05/21/1999)

May 21, 1999

May 21, 1999

19

ORDER "DISMISSING" action with each party to bear its own costs, without prejudice to move within 60 days to reopen ( signed by Judge Alexander Williams Jr. 5/20/99 ) (c/m 5/20/99 cm) (microfilmed) (mdd, Deputy Clerk) (Entered: 05/21/1999)

May 21, 1999

May 21, 1999

Case closed. (mdd, Deputy Clerk) (Entered: 05/21/1999)

May 21, 1999

May 21, 1999

Case Details

State / Territory: Maryland

Case Type(s):

Nursing Home Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 14, 1998

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Greenbelt Nursing and Rehabilitation Center (Greenbelt, Prince George's), Private Entity/Person

Greenbelt Nursing & Rehab. Center (Greenbelt), Private Entity/Person

Case Details

Causes of Action:

False Claims Act, 31 U.S.C. § 3729

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1998 - 1999

Issues

General:

Food service / nutrition / hydration

Funding

Payment for care

Restraints : chemical

Restraints : physical

Staff (number, training, qualifications, wages)

Totality of conditions

Medical/Mental Health:

Medical care, general

Medication, administration of

Mental health care, general

Type of Facility:

Non-government for profit