United States of America et al v. Bozeman Health Deaconess Hospital et al

Filing 232

ORDER re 141 Motion to Compel re: Request for Production No. 19 and granting 157 Motion in Limine. Please see order for details/deadlines. Signed by Judge Sam E Haddon on 3/9/2018. (ASG)

Download PDF
FILED MAR O 2018 9 IN THE UNITED STATES DISTRICT COURT c1e&'s~cfJ~;:a~~urt Helena FOR THE DISTRICT OF MONTANA BUTTE DIVISION UNITED STATES OF AMERICA EX REL. FRANK M. REMBERT AND MICHAEL R. PARADISE, No. CV 15-80-BU-SEH Plaintiffs, ORDER vs. BOZEMAN HEALTH DEACONESS HOSPITAL D/B/A BOZEMAN HEALTH,and DEACONESS-INTERCITY IMAGING, LLC D/B/A ADVANCED MEDICAL IMAGING, Defendant. On March 9, 2018, the Court conducted a hearing on Relators' Motion to Compel re: Request for Production No. 19 1 and Defendants' Motion in Limine to Exclude HHS-OIG Advisory Opinion Evidence. 2 1 Doc. 141. 2 Doc. 157. -1- The Court was informed at the hearing that unresolved issues relating to Request for Production Number 19 were limited to: I. Copies of employment agreements with physicians and other providers without redactions (Defendants agreed to produce redacted versions of employment agreements before Relators filed their motion to compel); 2. Copies of exclusive contracts between BDH and physician groups from 2005 to the present (if those physicians refer patients for radiologic services); 3. Agreements related to the purchase of physician practices by BDH since 2005 (if those physicians refer patients for radiologic services) and 4. Agreements related to any ownership interest in a joint venture purchased by BDH since 2005 (if other members of the joint venture refer patients for radiologic services). 3 Upon the record made in open Court, ORDERED: 1. Defendants will serve upon Relators on or before March 23, 2018, copies of employment agreements with physicians and other providers complete except for redaction of information as to compensation. 3 Doc. 176 at 2-3. -2- 2. Defendants will submit to the Court for in camera inspection on or before March 23, 2018, unredacted copies of the employment agreements identified in paragraph 1 above. 3. Defendants will serve upon Relators on or before March 23, 2018, copies of "exclusive contracts between BDH and physician groups from 2005 to the present (if those physicians refer patients for radiologic services)" 4 complete except for redaction of information as to compensation. 4. Defendants will submit to the Court for in camera inspection on or before March 23, 2018, unredacted copies of the exclusive contracts identified in paragraph 3 above. 5. Defendants will submit to the Court for in camera inspection on or before March 23, 2018, unredacted copies of: [a]. Agreements related to the purchase of physician practices by BDH since 2005 (if those physicians refer patients for radiologic services) and [b]. Agreements related to any ownership interest in a joint venture purchased by BDH since 2005 (if other members of the joint venture refer patients for radiologic services). 5 4 Doc. 176 at 2. 5 Doc. 176 at 2-3. -3- 4. Defendants' Motion in Limine to Exclude HHS-OIG Advisory Opinion Evidence5 is GRANTED. DATED this ~ y of March, 2018. -L~n1J ~HADDON United States District Judge 5 Doc.157. -4-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?