Judge tosses motion to dismiss Stark Law case against Community Health Network - FierceHealthcare
A district court has denied Community Health Network's motion to dismiss a whistleblower case alleging that the Indianapolis-based provider overpaid physicians for in-network referrals. In a Wednesday filing, Judge Richard Young of the U.S. District Court for the Southern District of Indiana ruled that the Justice Department's early 2020 filing argued a "plausible" False Claims Act violation and was pleaded with "sufficient particularity." Young also decided that the government may proceed with its claims for payment by mistake and unjust enrichment. "For the foregoing reasons, Defendant's Motion to Dismiss United States' Complaint in Intervention is denied," the judge wrote. Community had filed its motion to dismiss in January 2021. The government's case is tied to a 2014 whistleblower complaint filed by former Chief Financial Officer Thomas Fischer, in which he alleged that the system had violated federal and state false cla...