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$24 Million Settlement of New York State and Federal False Claims Act Case
Date:12/17/2009

NEW YORK and ATLANTA, Dec. 17 /PRNewswire/ -- The law firms of Bothwell, Bracker & Vann, of Atlanta, Georgia, and McInnis Law, of New York, announce that they have combined with the State of New York Attorney General's Office and the Department of Justice to resolve a false claims act suit against Defendants Excellent Home Care Services, LLC ("Excellent"), Extended Nursing Personnel CHHA ("Extended"), and Nursing Personnel Home Care. This case, along with United States ex rel. Keshner v Nursing Personnel Home Care, et al., filed by the law firms of Kenney Egan McCafferty & Young, of Pennsylvania, and Hein, Waters & Klein, of New York, resulted in a recovery of $23,963,100.

The lawsuit, filed on November 5, 2007 on behalf of Deborah Yannicelli, a former employee of Excellent and Extended, is part of the State of New York Attorney General Cuomo's Operation Home Alone. Mr. Cuomo announced that "[t]his is the largest settlement Cuomo's Medicaid Fraud Control Unit has reached with the home health industry in New York State." The lawsuit resolves claims that the three defendants wrongfully submitted claims for reimbursement to Medicaid for unqualified home health aides.

The lawsuit was filed under the whistleblower provisions of the False Claims Act, which allow private citizens to file suit on behalf of the government for fraud and share in any recovery. Ms. Yannicelli will receive an award of 20% of the settlement against Defendants Excellent and Extended. Ms. Yannicelli's lawsuit helped expose defendants' practices of sending unqualified home health aides into the homes of primarily elderly patients and billing Medicaid for these services.

Mike Bothwell, Julie Bracker, Sara Vann and Timothy McInnis represented Ms. Yannicelli in this litigation in cooperation with an array of state and federal investigators and attorneys from Attorney General Cuomo's Medicaid Fraud Control Unit, th
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SOURCE Bothwell Bracker & Vann
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