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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, the Civil Division of the United States Department of Justice, the United States Attorney for the Eastern District of New York, and the Office of Investigations for the U.S. Department of Health and Human Services' Office of Inspector General.

Bothwell, Bracker & Vann focuses exclusively on False Claims Act cases. Founder Mike Bothwell remarked: "This case is the culmination of Deborah Yannicelli's long battle to stop a fraud that resulted in unqualified services being provided to the poor and elderly. We are proud of our client's spirited participation and appreciative of the tireless effort undertaken by the state and federal governments."

Timothy McInnis, a former federal prosecutor who specializes in whistleblower cases, commented: "[t]his is a case where Deborah Yannicelli did everything right. She tried to fix the problem internally. When that didn't work she went to the State and assisted them with their criminal investigation. She also filed a private suit to protect her rights as a whistleblower and to benefit from her invaluable assistance to both New York State and the United States. This is a win for the New York and United States taxpayers."


    For further information, please contact:

    Sara Vann
    Bothwell Bracker & Vann, PC
    304 Macy Drive
    Roswell, GA 30076
    Tel. 678-578-7465
    Fax 678-578-7475
    sara@bbv-law.com
    Web site: (http://www.whistleblowersjustice.com/)

    Timothy J.  McInnis, Esq.
    McInnis Law
    521 Fifth Avenue, Suite 1700
    New York, NY  10175-0038
    Tel: (212) 292-4573
    Fax: (212) 292-4574
    Web site: (http://www.whistleblowerlegal.com/)

SOURCE Bothwell Bracker & Vann


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SOURCE Bothwell Bracker & Vann
Copyright©2009 PR Newswire.
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