Akin Gump Prevails in False Claims Act on Behalf of Two Health Care Providers

(Washington D.C.) – Akin Gump secured summary judgment in a False Claims Act (FCA) lawsuit filed by the United States against Aegis Therapies, a national leader in the provision of rehabilitation therapy, and Golden Living, owner and operator of several hundred skilled nursing facilities (SNFs). The victory, rare for an FCA case initiated by the United States, marks the firm’s fourth FCA win at summary judgment or trial in the past decade on behalf of a health care client against the government.

The United States had alleged that Aegis knowingly provided medically unnecessary therapy to Medicare Part A beneficiaries residing in a Golden Living SNF because the beneficiaries did not achieve “significant improvement.” As proof, the government primarily relied upon the testimony of its expert witnesses, who reviewed a sample of records, and then sought FCA damages based upon a statistical extrapolation of the sample. The Akin Gump team showed that the Department of Justice used the wrong health care regulatory standard—one that applied to outpatient settings and inpatient rehabilitation facilities, but not to the Medicare Part A SNF residents relevant to the lawsuit—to evaluate the health care claims of the defendants.

Health partner Robert Salcido led the victorious Akin Gump team in this matter. He was joined by counsel Annisah Um’rani.

Akin Gump previously achieved a favorable judgment against the United States in an FCA case, after trial, on behalf of Golden Living; more information on that case can be found by clicking here.

Founded in 1945, Akin Gump Strauss Hauer & Feld LLP is a leading international law firm with more than 900 lawyers in offices throughout the United States, Europe, Asia and the Middle East.

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