United States of America et al v. Regional Home Care, Inc.

Filing 37

Judge Indira Talwani: ORDER entered. (MacDonald, Gail)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

UNITED STATES OF AMERICA and
THE COMMONWEALTH OF
MASSACHUSETTS ex rel. JOHN
DOES 1 AND 2,

Plaintiffs,
v.
REGIONAL HOME CARE, INC. D/B/A
NORTH ATLANTIC MEDICAL also
D/B/A NORTH ATLANTIC MEDICALTOLMAN CLINICAL LABORATORY
and as NORTH ATLANTIC MEDICAL
SERVICES,
Defendant.

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Civil Action No. 12-cv-11979-IT

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ORDER
January 22, 2015

The United States having intervened in part of this action and having declined to
intervene in part of this action, pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(2) and (4),
and the parties having filed a Joint Stipulation of Partial Dismissal [#35] (“Stipulation”), the
court rules as follows:
1. Subject to the terms and conditions of the Settlement Agreement executed by the United
States, Relators Konstantinos Gakis and Demetri Papageorgiou (“the Relators”), and
Defendant Regional Home Care, Inc.; d/b/a North Atlantic Medical, North Atlantic
Medical-Tolman Clinical Laboratory, and North Atlantic Medical Services (collectively,
“NAMS”), the United States’ and the Relators’ claims against NAMS for the alleged

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Covered Conduct described in the Stipulation1 are dismissed with prejudice; and
2. All other claims against NAMS that were asserted on behalf of the United States in the
Relators’ complaint are dismissed without prejudice to the United States and with
prejudice to the Relator.
IT IS SO ORDERED.

January 22, 2015

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/s/ Indira Talwani
United States District Judge

The Stipulation specifies that the following allegation describes the Covered Conduct:
During the period from September 7, 2010 to January 1, 2013,
NAMS used unlicensed employees to set up and initiate oxygen
therapy, as well as continuous positive airway pressure (“CPAP”)
and bi-level positive airway pressure (“BiPAP”) masks. NAMS
continued to use these unlicensed employees instead of licensed
respiratory therapists after the Massachusetts Department of Public
Health told NAMS that this practice was unlawful. NAMS also
did not have licensed therapists provide follow-up visits to patients
receiving oxygen therapy after the equipment was set up by
unlicensed oxygen technicians. NAMS’ unlicensed employees
lacked the training and expertise of licensed respiratory therapists
and were compensated by NAMS at lower rates.

Joint Stipulation of Partial Dismissal, 2 [#35].
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