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United States v. Lakeshore Home Health Care, Inc.

United States District Court, W.D. Michigan, Southern Division

January 24, 2017

UNITED STATES OF AMERICA and the STATE OF MICHIGAN, ex rel. AMBER WEST, Plaintiffs,
v.
LAKESHORE HOME HEALTH CARE, INC., et al, Defendants.

          FOR THE UNITED STATES OF AMERICA PATRICK A. MILES, JR. United States Attorney ADAM B, TOWNSHEND Assistant U.S. Attorney U.S. Attorney's Office

          FOR THE STATE OF MICHIGAN BILL SCHUETTE Attorney General JASON EVANS First Assistant Attorney General Health Care Fraud Division Michigan Department of Attorney General

          FOR SOTERO M, URETA IH. M.D, SOTERO M. URETA III, M.D. FRANK STANLEY Frank Stanley, P, C,

          FOR THE UNITED STATES OF AMERICA PATRICK A. MILES, JR. United States Attorney ADAM B. TOWNSHEND Assistant U.S. Attorney U.S. Attorney's Office, Western District of Michigan

          FOR THE STATE OF MICHIGAN BILL SCHUETTE Attorney General JASON EVANS First Assistant Attorney General Health Care Fraud Division Michigan Department of Attorney General

          FOR SOTERO M. URETA EL M.D FRANK STANLEY Frank Stanley P.C.

          FOR RELATOR AMBER WEST ANTHONY G. COSTANZO Fortino, Plaxton & Costanzo, P.C. ALAN G. GILCHRIST The Health Law Partners, P.C.

          CONSENT JUDGMENT AGAINST DEFENDANT SOTERO M. URETA III. M.D.

          Hon. Paul L. Maloney United States District Judge

         Introduction

         1. This litigation arises from an action filed by Relator, captioned United States, et al., ex rel. West v. U.S. Rehab Services, P.C., et at., No. 1:1 l-cv-1051 (W.D. Mich.) (Docket No. ("Dkt.") 1), under the qui tarn provisions of the False Claims Act, 31 U.S.C. § 3730(b), and the Michigan Medicaid False Claims Act, MlCH. CoMP. LAWS § 400.610a(1). On September 19, 2012, the United States of America and the State of Michigan (the "Government Plaintiffs"), having intervened in this qui tarn action, filed a Complaint Upon Intervention styled United States, et al, ex rel. West v. Lakeshore Home Health Care, Inc., et al, No. 1:1 l-cv-1051 (W.D. Mich.) (Dkt. 35).

         2. The Government Plaintiffs contend that they have certain civil claims against Defendant Sotero M. Ureta III, M.D., arising from claims that health care companies owned and/or controlled by Babubhai B. Rathod (the "Rathod Companies") submitted to Medicare and Medicaid for physical therapy, electrodiagnostic testing, and home health care services that Dr. Ureta referred to the Rathod Companies between April 3, 2010 and December 22, 2011 in exchange for illegal remuneration and/or kickbacks in violation of the Anti-Kickback Statute, 42 U.S.C. § 1320a-7b, the physician self-referral statute (the "Stark Law"), 42 U.S.C. § 1395nn, the False Claims Act, 31 U.S.C. § 3729, et seq., the Michigan Medicaid False Claims Act, MICH. COMP. LAWS § 400.610a, et seq., and the common law.

          Jurisdiction and Venue

         3. This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1345, 1355(a), 1367, and 31 U.S.C. §§ 3732(a) and 3732(b). Dr. Ureta admits that this Court has jurisdiction over him and the subject matter of this action.

         4. Venue is appropriate in this District pursuant to 28 U.S.C. §§ 1391(b)(1), 1391(b)(2), ...


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