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A False Claims Act lawsuit has been brought against a nursing home provider, Vanguard Healthcare LLC, a currently bankrupt company in Tennessee.
The U.S. Department of Justice has joined in on the health care fraud lawsuit which claims that the company failed to provide “the most basic and essential skilled nursing services” and also improperly billed Medicare and Medicaid.
Prosecutors in the health care fraud lawsuit stated that between 2010 and 2015, Vanguard’s patients suffered from harm due to care that was dubbed “grossly substandard,” “worthless” or nonexistent.
These allegations covered situations such as supply and staffing shortages, medication administration that was improperly carried out, lack of infection control and pain management procedures that were inadequate for patients.
Additionally, Vanguard was also accused of committing Medicaid fraud by forging signatures on preadmission forms.
“Our seniors rely on the Medicare and Medicaid programs to help care for them with dignity and respect,” a statement by Principal Deputy Assistant Attorney Gen. Benjamin C. Mizer read. “It is critically important that we confront nursing home operators who put their own economic gain over the needs of the residents. Operators who bill Medicare and Medicaid while failing to provide essential services will be held accountable.”
Health Care Fraud Lawsuit Includes Other Nursing Home Subsidiaries
In addition to naming Vanguard Healthcare LLC, corporate units were also named in the health care fraud lawsuit including Boulevard Terrace LLC, Glenn Oaks LLC, Vanguard Healthcare Services LLC, Vanguard of Crestview LLC, Vanguard of Memphis LLC, Vanguard of Manchester LLC, Imperial Gardens Health and Rehabilitation LLC and Mark Miller, the director of operations for the company who was allegedly aware of the substandard care but did not intervene.
In May of this year, Vanguard filed for Chapter 11 protection. The company’s healthcare fraud lawsuit accuses the it of “chronic” staff shortages and a lack of critical medical supplies.
The allegations against this Guild nurses included that they provided substandard infection control, did not comply with physician orders for wound care and medication administration and improperly tended to pain issues experienced by the residents.
Prosecutors also alleged that the nurses used psychotropic medications in an unnecessary and excessive manner and also used physical restraints unnecessarily.
As a result of the conduct of the skilled nurses, the Department of Justice said the residents suffered from ulcers, became malnourished and dehydrated, suffered from falls and other mishaps.
“Vanguard Healthcare cannot address specific questions regarding pending litigation other than to express our confidence the claims by the Department of Justice are without merit, and Vanguard will vigorously defend its position,” Vanguard said in a statement. “We are committed to the consistent delivery of high-quality care, and meeting the needs of the residents and communities we serve remains our highest priority.”
The federal government is represented by Michael D. Granston, Andy Mao and Susan Lynch of the U.S. Department of Justice and Assistant U.S. Attorney Ellen Bowden McIntyre.
Tennessee is represented by Attorney General Herbert H. Slatery III and Assistant Attorney General Philip H. Bangle.
The Health Care Fraud Lawsuit is United States of America et al. v. Vanguard Healthcare LLC et al., Case No. 3:16-cv-02380, in the U.S. District Court for the Middle District of Tennessee.
In general, whistleblower and qui tam lawsuits are filed individually by each plaintiff and are not class actions. Whistleblowers can only join this investigation if they are reporting fraud against the government, meaning that the government must be the victim, and that the alleged fraud should be a substantial loss of money.
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If you believe that you have witnessed fraud committed against the government, you may have a legal claim. Whistleblowers can only join this investigation if they are reporting fraud against the government, meaning that the government must be the victim, and that the alleged fraud should be a substantial loss of money.
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