Elizabeth E Hogue, Esq Article

Elizabeth Hogue, Esq. Articles

Elizabeth E. Hogue is an attorney in private practice with extensive experience in health care. She represents clients all over the country including professional associations, managed care providers, and health care providers including hospitals, long-term care facilities, home health agencies, durable medical equipment companies, and hospices.
Elizabeth's articles focuses on Home Care. Elizabeth keeps us informed on all types of legal matters related to the home care industry. Her materials are always well-written and informative. Please see several of her articles below.

©2024 Elizabeth E. Hogue, Esq. All rights reserved.

No portion of this material may be reproduced in any form without the advance written permission of the author.


Negligent Home Care Nurse Charged With Manslaughter

The following article is about a home care nurse whose negligent care of a patient resulted in criminal charges.

Home care nurses; including those who provide Medicare-certified home health services, hospice and palliative care, and private duty services; are vulnerable to professional liability claims,  according to “Nurse Professional Liability Exposure Claim Report: 4th Edition,” which was issued by Nurses Service Organization and CNA. The report says that malpractice claims against home care nurses are likely to be based on:

  • Failure to communicate pertinent health information with providers and/or patient/family members
  • Failure to monitor
  • Documentation deficiencies, including failure to document or falsifying documentation

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Further Update Post-AseraCare: Use of Physician Experts to Prove False Claims

The following article is about a recent court decision about false claims submitted to the Medicare Program.
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AseraCare, a hospice provider, defeated allegations in a federal trial court that it knowingly submitted false claims to the Medicare Program for patients who were not terminally ill. On appeal, the Appellate Court emphasized that one physician’s testimony on behalf of the government against AseraCare that contradicted physicians who certified patients for hospice care was insufficient to prove falsity under the federal False Claims Act (FCA). The Court said:

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Recent Case Shows That Providers Must Pay Attention to Concerns About Fraud Raised by Employees

The following article is about employees who were fired for complaining about possible fraudulent activities and then filed a whistleblower lawsuit.

Two former Amedisys employees claim that they were fired in retaliation for alerting management to possible violations of the federal False Claims Act. They then filed a whistleblower, or qui tam, lawsuit [Pilat v. Amedisys, Inc., No. 23-566 (2d Cir. Jan. 17, 2024)]. In their whistleblower suit, the employees claim that they complained internally to supervisors about suspected fraudulent practices and refused to engage in such practices.        

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Enforcers Target Discharge Planners/Case Managers Yet Again

Case managers/discharge planners continue to come under fire from fraud enforcers for violations of the federal anti-kickback statute. This statute generally prohibits anyone from either offering to give or actually giving anything to anyone in order to induce referrals. Case managers/discharge planners who violate the anti-kickback statute may be subject to criminal prosecution that could result in prison sentences, among other consequences.

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