Health Care Fraud – Elder Abuse

We represent many elderly clients in a variety of legal matters. We find there are plenty of people and businesses out there that are, unfortunately, willing to take advantage of this population.

Pending before the 11th Circuit Court of Appeals is an important and somewhat disturbing case involving elder abuse and Medicare fraud. This whistleblower claim was prosecuted by the United States government against a hospice provider, AseraCare, who had been sending workers to government-subsidized housing communities. There, the workers would solicit poor, elderly people to enroll in a government-funded hospice program. The fraud committed stemmed from the fact these poor, elderly people did not all need “end of life” care, which is what hospice is supposed to be. Although these people were not close to death, AseraCare was taking them out of their homes and using them to get paid. A jury found that AseraCare had committed fraud. But the trial judge reversed the verdict. It is now in the hands of the appellate court. You can learn more about the case here.

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