Heritage Operations Group has been vindicated in a whistleblower claim filed by a former Omnicare pharmacist who alleged the Illinois-based nursing home operator violated the False Claims Act by improperly billing Medicare for providing pain medication to patients without valid prescriptions.
In dismissing the lawsuit, Judge Steven C. Seeger of the U.S. District Court for the Northern District of Illinois asserted that plaintiff Samuel Enloe didn’t prove his case.
“The most basic problem with the complaint is that it alleges little more than a failure to comply with regulatory requirements,” Judge Steven C. Seeger of the US District Court for the Northern District of Illinois wrote in an opinion released Thursday. “[Mr.] Enloe basically alleges that Heritage and Green Tree are not complying with the Controlled Substances Act when they dispense medication to residents in the care facilities. That’s about it.
“At best, it sketches the general outline of the story, without filling in very many details,” he added.
An executive with Heritage Operations Group declined to comment to McKnight’s Long-Term Care News until the company’s CEO had time to meet with legal counsel on the outcome of the case. Heritage owns and operates approximately 60 nursing homes in Illinois.
Improper prescribing alleged
According to the whistleblower complaint, nurses at Heritage allegedly dispensed Schedule II controlled substances without obtaining valid prescriptions, “relying on an oral...
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