Addus Homecare has filed a motion to dismiss a healthcare fraud whistleblower lawsuit that has been filed against the company. The claim was filed under the False Claims Act by a whistleblower who alleged fraud was taking place against the government.

The healthcare fraud whistleblower lawsuit alleged that Addus was involved in referral arrangements that violated the Anti-Kickback Statute.  According to the claim, Addus was engaging in kickback practices with a doctor and with several healthcare facilities.

In addition to the allegations of improperly engaging in kickbacks, the whistleblower also alleged that the home care company engaged in false certification of patients as being eligible to receive services that would be reimbursed by Medicare.

The whistleblower also alleged that Addus engaged in a conspiracy with Cigna Corporation, a co-defendant in the healthcare fraud whistleblower lawsuit, in order to provide false certification for patients as meeting eligibility requirements for Medicare-reimbursed services.

Addus had previously filed a motion to dismiss the case. But in February, a judge ruled that the case could continue, partly granting and partly dismissing Addus’ request to dismiss the claim, and the whistleblower filed an amended complaint in March.

In its request to have the case dismissed, Addus states that the whistleblower’s amended complaint lacked adequate allegations of facts, particularly in its reference to the referral arrangement. The company also claims he plaintiff made an improper citation.

Addus further states in its second motion to dismiss that the amended complaint filed by the whistleblower fails to state its fraud-based claims “with particularity.”

The defendant also referred to the whistleblower as a “bounty hunter” and stated that the failure to include factual allegations in the second amended complaint and in the documents the plaintive submitted constituted a “red herring.”

The home care company also seeks to have the Illinois False Claims Act allegation dismissed, stating that the second amended complaint filed by the whistleblower did not comply with the filing-under-seal agreement included in the statute.

Cigna had also filed a motion to dismiss previously, and the health insurance company’s motion was granted by the judge, as were several parts of Addus’ first motion to dismiss.

Filing a Healthcare Fraud Whistleblower Lawsuit

If you have witnessed Medicare fraud or Medicaid fraud being carried out against the government, you may be able to file a healthcare fraud whistleblower lawsuit under the False Claims Act.

Filing a whistleblower lawsuit under the False Claims Act offers protections for the whistleblower that would not otherwise be in place if the whistleblower chose to report healthcare fraud to a whistleblower hotline or directly to an employer.

If the federal government decides to join in a healthcare fraud whistleblower lawsuit, the whistleblower who aided in revealing fraud against the government could earn between 15 and 30% of the amount of money recovered. For many whistleblowers who are successful, this can amount to millions of dollars for assisting the government in combating healthcare fraud.

It is imperative if you believe you may have a potential healthcare fraud whistleblower lawsuit to consult with an experienced attorney prior to taking any action. An attorney is available to provide a free, no-obligation case review to individuals who qualify in order to help potential whistleblowers understand their legal options and protections under the False Claims Act.