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)

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-