The Western News | July 25, 2023 7:00 AM
Libby’s CARD Clinic is on the hook for nearly $6 million in damages and penalties after a judge’s ruling last week in federal court in Missoula.
U.S. District Judge Dana Christensen issued the order July 18 following a June trial in which a jury said the Center for Asbestos Related Disease had submitted 337 false patient claims making people eligible for Medicare and other benefits they shouldn’t have received. The jury said 246 violations occurred before Nov. 2, 2015 and 91 after that date.
BNSF Railway, upon behalf of the United States government, brought the suit in 2019 under the False Claims Act. The act allows private parties to sue on behalf of the federal government.
BNSF — which is itself a defendant in hundreds of asbestos-related lawsuits — argued the center submitted claims on behalf of patients without sufficient confirmation they had asbestos-related disease.
In the trial, attorneys for CARD argued the clinic signed people up for Social Security and Medicare benefits by diagnosing Asbestos Related Diseases under the clinic's interpretation of the Affordable Care Act. Benefits included early access to Medicare and enrollment in the Medicare Pilot Program – a program that helps disabled individuals pay for everyday tasks, such as snow removal.
In the jury’s verdict, it determined that damages to the federal government are $1,081,265. By law, a civil penalty may be tripled.
"BNSF Railway appreciated the jury's thoughtful...
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