IN THE DKITED STATES DISTRICT COURT POR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, Plaintiff,

¿J·f v. GMS Management-Tucker
IIIIDHPI

v.

CIVIL ACTION NO. 96- f £¶ t

GMS MANAGEMENT-TUCKER, INC., TUCKER HOUSE II, INC.

Defendants.

COMPLAINT INTRODUCTION The United States Attorney for the Eastern District of Pennsylvania brings this civil action under the False Claims Act, 31 U.S.c. s 3729, ££ sea.. and alleges that GMS ManagementTucker, Inc., and Tucker House II, Inc., schemed to bill and collect from the United States of America for services associated with the care rendered to the elderly residents of Tucker House Nursing Home when, in fact, that care was not adequate. Congress, in the Omnibus Budget Reconciliation Act of 1987 ("OBRA '87n), enacted the Nursing Home Reform Act, 42 U.S.C.A. Sl396r s£ seq.. (hereinafter "the Act") which took effect on October 1, 1990. A nursing facility is defined in the Act as "an institution...which— (1) is primarily engaged in providing to residents—

(A) skilled nursing care and related services for residents who require medical or nursing care,

(B) rehabilitation services for the rehabilitation of injured, disabled, or sick persons, or
(C) on a regular basis, health-related care and services to individuals who because of their mental or physical condition require care and services (above the level of room and board) which can be made available to them only through institutional facilities, and is not primarily for the care and treatment of mental diseases;
42 U.S.C.A. S l396r(a).
The Act mandates that nursing facilities comply with federal
requirements relating to the provision of services. 42 U.S.C.A.
S l396r(b). Specifically, in terms of the quality of life for
residents of nursing facilities, the Act states that: "A nursing
facility must care for its residents in such a manner and in such
an environment as will promote maintenance or enhancement of the
quality of life of each resident." 42 U.S.C.A. S l396r(b)(l)(A).
Additionally, the Act mandates that a nursing facility
"provide services and activities to attain or maintain the
highest practicable physical, mental and psychosocial well-being
of each resident in accordance with a written plan of care which-
(A) describes the medical, nursing, and psychosocial
needs of the resident and how such needs will be
met;..."
42 U.S.C.A. S l396r(b)(2)(A).
A duty is placed on the nursing facility to fulfill the
residents' care plans by providing, or arranging for the
provision of, inter alia, nursing and related services and
medically-related social services that attain or maintain the
highest practicable physical, mental, and psychosocial well-being
of each resident, pharmaceutical services and dietary services

that assure that the meals meet the daily nutritional and special dietary needs of each resident. 42 U.S.C.A. § l396r(4)(A)(i-iv).
The Social Security Act mandates that skilled nursing facilities that participate in the Medicare Program and nursing facilities that participate in the Medical Assistance Program, also known as Medicaid, meet certain specific requirements in order to qualify for such participation. These requirements are set forth at 42 CFR § 483.1 e£ sea, and "serve as the basis for survey activities for the purpose of determining whether a facility meets the requirements for participation in Medicare and Medicaid.1* 42 CFR S 483.1.
Federal regulations, when addressing quality of care concerns, mandate that **[e]ach resident must receive and the facility must provide the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being, in accordance with the comprehensive assessment and plan of care." 42 CFR S 483.25. The regulations specifically address the area of nutrition:
(i) Nutrition. Based on a resident's comprehensive assessment, the facility must ensure that a resident—
(1) Maintains acceptable parameters of nutritional status, such as body weight and protein levels, unless the resident's clinical condition demonstrates that this is not possible; and
(2) Receives a therapeutic diet when there is a nutritional problem. 42 C F R S 483.25(i).

Additionally, the Federal regulations specifically address those individuals who are tube-fed:
(g) Naso-gastric tubes. Based on the comprehensive assessment of a resident, the facility must ensure t h a t —
(1) A resident who has been able to eat enough alone or with assistance is not fed by naso-gastric tube unless the resident's clinical condition demonstrates that use of a naso-gastric tube was unavoidable; and
(2) A resident who is fed by a naso-gastric or gastrostomy tube receives the appropriate treatment and services to prevent aspiration pneumonia, diarrhea, vomiting, dehydration, metabolic abnormalities, and nasalpharyngeal ulcers and to restore, if possible, normal eating skills. 42 CFR S 483.25(g).
Tucker House Nursing Home is a licensed long-term care (nursing) facility under federal and state law and is certified to participate in the Medicare and Medical Assistance Programs. The Medicare Program is a health insurance program for individuals 65 years and older, certain disabled individuals under ag· 65 and people of any ag· who have permanent kidney failure. Th· Medicare statute is codified at 42 U.S.C.A. S 1395 (Title XVIII of the Social Security Act).
The Medical Assistance Program is a joint federal-state program funded under Title XIX of the Social Security Act. The Department of Public Welfare administers the Medical Assistance

Program in Pennsylvania. As a prerequisite to enrollment as a provider in. the Medical Assistance Program, Tucker House entered into a provider agreement and agreed to the following provisions:
1. That the submission by, or on behalf of, the Facility of any claim, either by hard copy or electronic means, shall be certification that the services or items from which payment is claimed actually were provided to the person identified as a medical assistance resident by the person or entity identified as the Facility on the dates indicated.
******* 5. That the Facility's participation in the Medical Assistance Program is subject to the laws and regulations effective as to the period of participation, including all of those that may be effective after the date of the agreement and that the Facility has the responsibility to know the law with respect to participation in the Medical Assistance Program. At all times relevant to this action, Tucker House was a "provider" with a valid provider agreement with the Pennsylvania Department of Public Weliare. Th· Nursing Home Reform Act also mandates that the state shall b· responsible for certifying, in accordance with surveys conducted by the state, the compliance of nursing facilities (other than facilities of the State)... The Secretary [Department of Health and Human Services] shall be responsible for

certifying.../ the compliance of State nursing facilities with the requirements of such subsections. 42 U.S.C.A. S l396r(g)¯(D (A).
The Pennsylvania Department of Health is responsible for performing the survey function of long-term care facilities in Pennsylvania. By state regulation, facilities are required to meet the daily nutritional needs of patients. 28 Pa. Code S 211.6(a). Additionally, if consultant dietary services are used, the consultant's visits must be at appropriate times and of sufficient duration and frequency to provide continuing liaison with medical and nursing staff and provide advice to the administrator and participate in the development and revision of dietary policies and procedures. 28 Pa. Code § 2ll.6(m).
Long-term care facilities are also required to provide nursing services that meet the needs of residents. 28 Pa. Code S 211.12(a). It is incumbent upon the director of nursing services to assure that "preventive measures, treatments, medications, diet and other health services prescribed are properly carried out..." 28 Pa. Code S 2ll.l2(e)(9).
Moreover, a nursing facility is required to retain a medical director who is responsible for the "coordination of the medical care in th· facility to ensure the adequacy and appropriateness of the m·dical services provided to patients." 28 Pa. Code S 211.2(k).
Finally, a nursing home administrator is charged with the general administration of the facility whether or not his or her

functions are shared with one or more other individuals. 63 P.s. S 1102(2)^... According to regulations promulgated by the Nursing Home Administrators Board, a nursing home administrator is responsible for: (a) evaluating the quality of resident care and efficiency of services, (b) maintaining compliance with governmental regulations, and (c) developing policies which govern the continuing care and related medical and other services provided by the facility which reflect the facility's philosophy to provide a high level of resident care in a healthy, safe and comfortable environment. 49 Pa. Code §§ 39.91(1)(i),(ii),(vi).
In March 1994, Tucker House was surveyed by Pennsylvania Department of Health surveyors. The surveyors ordered Tucker House personnel to immediately arrange for the transfer of several residents from Tucker House to local hospitals for treatment. Ultimately, new management was installed at Tucker House Nursing Home.
The Government's complaint charges that the defendants caused the submission of false or fraudulent claims to the United States for payment for care that was not adequately rendered to some of the most vulnerable members of our society; the frail, immobil· elderly residing at Tucker House Nursing Home.

FACTUAL BASIS FOR COMPLAINT RESIDENT 1-
Resident 1 entered Tucker House Nursing Home in 1989. He weighed 125 pounds and had a serum albumin of 3.1 at the time of admission. The normal range for serum albumin is between 3.5 and 4.5. Resident l·s height was between 5· 9·· and 5· 11" and his ideal body weight was between 148 and 158 pounds. From November 1991 through August 1993, his weight decreased. In August 1993, Resident 1 weighed 105 pounds and in October 1993, he weighed 104 pounds. By January 1994, Resident l's serum albumin was 1.8, which indicates profound protein malnourishment. While at Tucker House Nursing Home, Resident 1 was not provided with adequate nutrition and was so malnourished by October 1993, there was no way that his body could heal itself or respond to injury in a successful manner. Resident l was hospitalized in March of 1994 and was suffering from multiple Stage IV decubitus ulcers. RESIDENT 2
Resident 2 entered Tucker House Nursing Home in 1987 weighing 168 pounds which was 20% over his ideal body weight. As of February 1990, he weighed 14l pounds which was approximately his ideal body weight. By August 1992, Resident 2 weighed 116 pounds which was approximately 83% of his id·al body weight. In February 1993, Resident 2 began to develop decubitus ulcers that did not heal. By October 1993, he weighed 98 pounds and his serum albumin level was 2.6 indicating severe protein malnourishment. In October 1993, Resident 2 was found to be
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malnourished by physician consultants at Tucker House Nursing Home which_·led to him being hospitalized, yet the proper amount of nutritional alimentation was not provided until March 1994. RESIDENT 3
Resident 3 was admitted to Tucker House Nursing Home in November 1989. In 1993, she began to lose weight and her skin began to break down. A weight loss of 19.2 pounds was noted in December 1993 and Resident 3, at that point in time, weighed 98.2 pounds. Her ideal body weight was 110 pounds. Three days later she was weighed at 92.7 pounds with a notation in the nursing home's records that her appetite was good. By February 1994, Resident 3's albumin was 2.2 which evidenced the fact that she was profoundly malnourished. As of March 15, 1994, Resident 3 weighed 85 pounds.
Additionally, Resident 3 was ambulatory upon admission and her medical records do not evidence an unavoidable decline in ambulation. As evidenced in her nursing home records, she was frequently in a wheelchair, often in restraints. This positioning does not allow for adequate pressure relief for the sacral and gluteal areas. The decubitus ulcers that were noted that occurred prior to January 1994 were related to inadequate pressure relief.

Tnri eviction and .1. This Court has jurisdiction over this action pursuant to 28 U.S.C. SS 1331, 1345 and 31 U.S.C. § 3729 £t 2. Venue is proper in the Eastern District of Pennsylvania under 28 U.S.C. SS 1391 (b) and (c).
Parties 3. Plaintiff is the United States of America acting for itself, the Department of Health and Human Services, the Medicare Trust Fund, the Medical Assistance Program and the beneficiaries thereof. 4. Defendant, GMS Management-Tucker, Inc., is a forprofit Pennsylvania corporation located at 5601 Chestnut Street, Philadelphia, Pa. 19139. 5. Defendant, Tucker House II, Inc., is a non-profit Pennsylvania corporation which owns Tucker House Nursing Home, a licensed and certified long-term care facility located at 10011011 Wallace Street, Philadelphia, Pa. 19123.
COUNT I FALSE CLAIMS ACTl 31 U.S.C. < 3729 6. The above paragraphs are realleged as though fully set forth herein. 7. Defendant, Tucker House II, Inc. is the owner and license* of Tucker House Nursing Home and is responsible for ensuring that all state and federal laws, regulations and requirements were complied with at all times.
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8. Defendant, Tucker House II, inc. entered into a management-_eontract with defendant GMS Management-Tucker, Inc. and Total Care Management Services, Inc. for the operation of Tucker House Nursing Home.
9. Defendant, GMS Management-Tucker, Inc. required that Tucker House Nursing Home personnel utilize the nursing and nutritional services provided by GMS Management-Tucker, Inc. in caring for residents of Tucker House.
10. Defendant, GMS Management-Tucker, Inc. was responsible for the nutritional evaluation of residents of Tucker House Nursing Home. In accordance with state and federal regulations, the nutritionists, in conjunction with the attending physicians, were also responsible for ensuring that residents received adequate nutrition.
11. Defendant, GMS Management-Tucker, Inc. failed to recommend adequate nutritional requirements for Residents 1, 2, and 3 yet claims for such care were submitted to and reimbursed by the government.
12. The provision of adequate nutrition was the responsibility of not only the nutritionists but included the Tucker House nursing staff as well. The nursing staff at Tucker House was supervised by the Director of Nursing. The Director of Nursing was apprised of all Tucker House Nursing Home residents that were losing weight.
13. The Director of Nursing at Tucker House Nursing Home was employed by defendant, GMS Management-Tucker, Inc.
11

14. The Nursing Home Administrator was responsible for the overall care provided to residents at Tucker House Nursing Home. The Administrator at Tucker House Nursing Home was an employee of GMS Management-Tucker, Inc.
15. The care provided to Residents 1, 2, 3 that is the subject of this lawsuit was inadequate in terms of nursing care and nutrition, both of which were the responsibility of the Nursing Home Administrator.
16. Agents and/or employees of defendant, GMS Management-Tucker, Inc. were responsible for the provision of nursing and nutritional services to Residents l, 2 and 3.
17. The billing information applicable to the care provided to Residents 1, 2 and 3 was transmitted from Tucker House staff to agents and/or employees of defendant GMS Management-Tucker, Inc. for submission to the government for reimbursement by the Medicare and Medical Assistance Programs.
18. Agents and/or employees of defendant, GMS Management-Tucker, Inc. submitted false, fictitious or fraudulent claims to the Pennsylvania Department of Public Welfare, Medical Assistance Program for nutritional services that were not adequately rendered to Residents l, 2, and 3 for the time period January 1993 through March 1994, by certifying that the information contained on the invoices, diskettes or tapes was accurate and complete with the full understanding that payment and satisfaction of the claims was from Federal and state funds and that prosecution for false claims, statements or documents,
12

or concealment of material facts was a part of the certification. 31 U.S.C.A... S 3729.
19. Defendants, Tucker House II, inc. and GMS Management-Tucker, Inc., caused the repeated submission of false, fictitious or fraudulent claims to the Pennsylvania Department of Public Welfare, Medical Assistance Program, and to the Medicare Program for nutritional services that were not adequately rendered to Residents 1, 2, and 3 for the time period January 1993 through March 1994. 31 U.S.C. S 3729.
20. All named defendants knowingly and willfully did not ascertain the truth or falsity of the claims for services submitted to the Pennsylvania Department of Public Welfare and to the Medicare Program for payment on behalf of Residents 1, 2 and 3, all of whom were Medical Assistance recipients and Medicare beneficiaries. 31 U.S.C. § 3729.
21. All named defendants acted in reckless disregard of the care and services ordered and actually provided to Residents 1, 2 and 3 while residing at Tucker House when billing the Medicare and Medical Assistance Programs. 31 U.S.C. S 3729.
22. The United States was damaged as a result of the conduct described above.
WHEREFORE, plaintiff United States of America demands and pray» that judgment be entered in its favor and against the defendants, Tucker House II, Inc. and GMS Management-Tucker, Inc., jointly and severally as follows:
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a. an amount equal to the number of false or fraudulent claims that.-will be proven at trial, multiplied as provided for in 31 U.S.C. S 3729 (a) and imposition of $10,000.00 per claim;
b. three times that total amount of damages sustained by the United States because of the acts complained of;
c. costs of this action; d. such other and further relief as the Court shall deem proper.
COUNT II: UNJUST ENRICHMENT 23. The foregoing paragraphs are incorporated herein by reference as if fully set forth. 24. The conduct described in the foregoing paragraphs caused defendants Tucker House II, Inc. and GMS ManagementTucker, Inc. to receive, directly or indirectly, benefits from the United States. 25. Under the circumstances described in the foregoing paragraphs, as between the United States and each defendant in this Count, retention by each defendant of the benefits conferred by the United States would be unjust. WHEREFORE, plaintiff the United States of America demands judgment in its favor and against defendants, Tucker House IIr Inc., and GMS Management-Tucker, Inc., jointly and severally, and relief as follows: a. an amount equal to the gain to the defendants as a result of the conspiracies and activities complained of;
14

b. interest according to law; c. costs of this action; and d. such other and further relief as this Court may deem proper.
Respectfully submitted,

Dated:

MICHAEL R. STILES ATTORNEY
JAHES G. SHEEHAN ASSISTANT U.S. ATTORNEY
DIVISION
DAVID R.'¾OFFMAN'X^ ASSISTANT U.S. ATTORNEY

15

 
 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA,-

Plaintiff,

•
: Civil Action N</?12~U

TUCKER HOUSE I I , I N C . , ET AL.

:

Defendant.

:

CONSENT ORDER

The United States of America and Tucker House II, Inc. have consented to the issuance of the following order subject to the approval of the Court:
NOW THEREFORE, IT IS HEREBY ORDERED THAT: 1. The United States and Defendant, Tucker House II, Inc. agree that this Court has jurisdictions over this matter pursuant to 28 U.S.C.A. SS 1331, 1345; 31 U.S.c a $ 3729. The parties further agree that venue lies in this judicial district pursuant to 28 U.S.C.A. $ 1391 (b) and (c). 2. On or about November 1989, the Defendant, Tucker House II, Inc., hire* GHS Management-Tucker House II, Inc. for the purpose* of" providing quality patient care services to residents of Tucker House- Nursing Home, 1001 Wallace Street, Philadelphia, Pennsylvania, through the supervision and direction of the dayto-day operations at its nursing home facility. In addition,
Tucker House II, Inc. contracted with Total Care Management Services, Inc., a wholly-owned subsidiary of 6MS Management-
U.S.v.G M S Management

NH-PA-001-002

Tucker House II, inc. Under the terns of that agreement, Total Care Management Services, Inc. agreed to provide dietary services at the nursing home facility which included, "but were not limited to, supervision of those services in accordance with the applicable federal, state and local laws, rules and regulations, and in compliance with certain dietary standards of operation as required for participation in the federal Medicare Program and Pennsylvania Medicaid Program.11
3. Defendant, Tucker House II, Inc. asserts that it relied upon the expertise of GMS Management-Tucker, Inc. for the operation of Tucker House Nursing Home. Defendant, Tucker House II, Inc.-now recognizes the failures of GMS Management-Tucker, Inc. to provide the services required under their agreements.
4. Defendant, Tucker House II, Inc. recognizes that GMS Management-Tucker, Inc. submitted invoices to the Government for services rendered to residents to Tucker House Nursing Home. Defendant, Tucker House II, Inc. also recognizes that it was the deliberate ignorance of the truth and/or reckless disregard of the truth in the creation and/or submission of those very same invoices regarding the failure to provide adequate nutrition in accordance: with* state and federal lav and regulations that served as a basi* for thev Government to commence this action.
9. This Consent Order shall not be construed as an admission of any liability or wrongdoing on the part of Defendant, Tucker House II, Inc.
6. Defendant, Tucker House II, Inc. agrees to pay the sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) to the United States

of America as a penalty under the False Claims Act. Payment of this amount shall be made to the United States Attorney's Office, 615 Chestnut Street, Philadelphia, Pa. 19106, Attention: David R. Hoffman and is to be made as follows:
(a) upon the execution of this Consent Order by Defendant, Tucker House II, Inc. shall remit the amount of TWELVE THOUSAND FIVE HUNDRED DOLLARS ($12,500.00);
(b) Defendant, Tucker House II, Inc. shall remit the amount of TWELVE THOUSAND FIVE HUNDRED DOLLARS ($12,500.00) by June 15, 1996.
7. Defendant, Tucker House II, Inc. and its agents, employees, contractors, and/or subcontractors agree to comply with the "Quality Assessment and Assurance Program-Nutritional Monitoring Program1*, attached hereto and incorporated herein as Exhibit A.
8. Defendant, Tucker House II, Inc. and its agents, employees, contractors and/or subcontractors agree to provide wound care (decubitus ulcers) treatment in strict accordance with the Agency for Health Care Policy and Research Guidelines, attached hereto and incorporated herein as Exhibit B.
9. Defendant, Tucker House II, Inc. agrees to provide training tot •!*• off its staff on all of the requirements set forth in the> documents referred to in paragraphs 7 and 8 within fortyfive (45) days froa the entry of this Order. This training shall be on-going and all new staff must be immediately apprised of the requirements set forth in the documents identified in paragraphs 7 and 8.

10. Defendant, Tucker House II, Inc. agrees to report on all nutritionally compromised and nutritionally at risk residents, as defined in the Defendant's Nutrition Monitoring Program (Exhibit A ) , to the Tucker House Nursing Home Internal Quality Assurance Team, to the United States Attorney's Office and to the Health care Financing Administration (HCFA), Health Standards and Quality Division, on a monthly basis for a period of not less than one (1) year from the date of entry of this Order. Review of these residents by government agencies does not constitute approval or disapproval of the care provided by Defendant, Tucker House II, Inc. and the United States reserves its right to take any action, in any forum, against Defendant for failing to provide adequate care to its residents.
11. Defendant agrees that it will ensure that residents are not improperly, medically unjustifiably or involuntarily given feeding tubes for nutritional purposes.
12. Defendant, Tucker House II, Inc. agrees to allow, at Defendant Tucker House II, Inc.'s expense, a mutually-agreed upon (by the United States and Tucker House II, Inc.) independent third party to monitor Tucker House Nursing Home, at any time, for nutritional and wound care compliance with this Consent Order. The* independent third party shall visit the facility at least quarterly for a period of one (1) year from the date of entry of this Order and shall have immediate access to Tucker House Nursing Home residents and their records. The independent third party shall create a report documenting any findings relating to nutrition and wound care and shall present the report

within ten (10) calendar days of the visit to the Defendant, Tucker House II, Inc., the U.S. Attorney's Office and the local Long-Term Care Ombudsman Program.
13. Defendant, Tucker House II, Inc. agrees to send to selected family members of the three victims referred to in the Complaint, as identified by the U.S. Attorney's Office, a letter expressing remorse over the care and treatment provided. This letter shall be mutually agreed upon by Defendant and the United States.
14. Defendant, Tucker House II, Inc. agrees to comply fully with the applicable rules and regulations governing the Medicare and Medicaid Programs and the Nursing Home Reform Act.
15. In the event that Defendant, Tucker House II, Inc. and/or its agents, employees, contractors and subcontractors fail to comply in good faith with the terms of this Consent Order or should any of the Defendant's representations or warrants be materially false, the United States may at its sole discretion, exercise one or more of the following rights:
(a) declare this Consent Order breached and proceed against Defendant, Tucker House II, Inc. on the underlying claims*. Irr tZtl» event:. Defendant, Tucker House II, Inc. waives any statutes oC limitations defenses that would not have been available? t o it at the time of the entry of this Consent Order.
(b) seek contempt of court provisions based on the failure of Defendant, Tucker House II, Inc. and/or its agents,
employees, contractors and subcontractors to comply with this Consent Order.

(c) exercise any other right granted by law or recognizable at common law or equity.
16. Each party to this Consent Order shall bear its own costs except as otherwise provided herein.
17. Defendant, Tucker House II, Inc. and/or its agents, employees, contractors and/or subcontractors agree not to take any retaliatory action against any individual or individuals who cooperated with this investigation.
18. Defendant, Tucker House II, Inc. agrees to continue to cooperate with the investigation into the care of the victims named in the Complaint and will make readily available to the U.S. Attorney's Office, any agent or employee of Tucker House Nursing Home for interviewing purposes or providing testimony in any judicial proceeding.
19. This Consent Order shall be binding on the heirs, administrators, executors, successors, and transferees of Defendant, Tucker House II, Inc.
Judge United States District Court
GO"

We the undersigned, consent to the entry of the above Consent Order. We represent to the Court that this Consent order contains a complete description of the agreement between the parties. All material representations, understandings and promises of the parties are contained in this Order. Any modifications must be set forth in writing and signed by all parties. Defendant, Tucker House II, Inc. represents that this Consent Order is entered into with knowledge of the events described herein, and that it is entered into knowingly and voluntarily, without any degree of duress of compulsion whatsoever.

UNITED STATES OF AMERICA:

MICHAEL R. ST

IITED SKAT

EY

JAMES G. SHEI A S S I S T A N T ' S . ATTORNEY CHIEF^CTOL DIVISION

DA4ID R. HOFFMAN ASSISTANT U.S.

TUCKEB MOUSE II,
By:
Floyd W. Alston, President

 
 United States District Court Eastern District of Pennsylvania - Docket Report

Page 1 of 3

CLOSED, STANDARD
United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:96-cv-01271-JD

USA v. GMS MANAGEMENT, et al Assigned to: HONORABLE JAN E. DUBOIS Demand: $0 Cause: 31:3729 False Claims Act

Date Filed: 02/21/1996 Jury Demand: None Nature of Suit: 890 Other Statutory Actions Jurisdiction: U.S. Government Plaintiff

Plaintiff UNITED STATES OF AMERICA

represented by DAVID R. HOFFMAN U.S. ATTORNEY'S OFFICE 615 CHESTNUT ST. SUITE 1250 PHILADELPHIA, PA 19106-4476 215-861-8337 Fax: 215-861-8594 Email: david.hoffman@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant GMS MANAGEMENT-TUCKER, INC.
Defendant TUCKER HOUSE, II, INC.

represented by DAVID M. LAIGAIE DILWORTH & PAXSON LLP 3200 MELLON BANK CENTER 1735 MARKET ST. PHILADELPHIA, PA 19103-7595 215-575-7168 Email: dlaigaie@dilworthlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by MICHAEL M. MUSTOKOFF DUANE MORRIS LLP 30 SOUTH 17TH ST. PHILA, PA 19103 215-979-1810 Fax: 215-979-1020 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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United States District Court Eastern District of Pennsylvania - Docket Report

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Date Filed 02/21/1996 02/21/1996 02/21/1996 02/29/1996
03/01/1996
03/04/1996 03/05/1996 03/06/1996
03/06/1996
03/06/1996

#

Docket Text

1 Complaint. (fe) (Entered: 02/21/1996)

Standard Case Management Track. (fe) (Entered: 02/21/1996)

2 MOTION by PLAINTIFF USA TO ENTER CONSENT ORDER , MEMORANDUM, CERTIFICATE OF SERVICE. (fe) Modified on 02/21/1996 (Entered: 02/21/1996)

3 ORDER THAT UPON CONSIDERATION OF THE COMPLAINT, PLFF'S MOTION TO ENTER CONSENT ORDERS, AND THE 2 PROPOSED CONSENT ORDERS, IT IS ORDERED THAT A HEARING ON PLFF'S MOTION TO ENTER CONSENT ORDERS IS SCHEDULED FOR 3/7/96 AT 10:00 . (SIGNED BY JUDGE JAN E. DUBOIS) 3/1/96 ENTERED AND COPIES MAILED. (adr) (Entered: 03/01/1996)

4 ORDER THAT THE HEARING ON PLFF'S MOTION TO ENTER CONSENT ORDERS, PREVIOUSLY SCHEDULED FOR 3/7/96 WILL BE HELD ON 3/6/96 AT 10:00 A.M. CTRM. 12-B. ( SIGNED BY JUDGE JAN E. DUBOIS ) 3/4/96 ENTERED AND COPIES MAILED. (jef) (Entered: 03/04/1996)

5 Appearance of MICHAEL M. MUSTOKOFF for DEFENDANT TUCKER HOUSE, II, certificate of service. (adr) (Entered: 03/05/1996)

6 Appearance of DAVID M. LAIGAIE for DEFENDANT GMS MANAGEMENT, certificate of service. (adr) (Entered: 03/06/1996)

7 ORDER THAT PLFF'S MOTION TO ENTER CONSENT ORDERS IS GRANTED; THE 2 CONSENT ORDERS - ONE BETWEEN THE PLFF, USA, AND DEFTS, GMS MANAGEMENT-TUCKER, INC., AND GERIATRIC & MEDICAL COMPANIES, INC,; AND, THE OTHER BETWEEN THE PLFF, USA, AND DEFT, TUCKER HOUSE, II, INC. - WERE SIGNED THIS DATE. (SIGNED BY JUDGE JAN E. DUBOIS) 3/7/96 ENTERED AND COPIES MAILED. (adr) (Entered: 03/07/1996)

8 CONSENT ORDER THAT THE UNITED STATES, GMS MANAGEMENT-TUCKER, INC. AND GERIATRIC & MEDICAL COMPANIES, INC. AGREE THAT THIS COURT HAS JURISDICTION PURSUANT TO 28 U.S.C.A. 1331, 1345, AND 31 U.S.C.A. 3729; THAT VENUE LIES IN THE JUDICIAL DISTRICT PURSUANT TO 28 U.S.C.A. 1391 (b) AND (c); AND THAT THEY WILL BE BOUND BY THE TERMS OF THIS CONSENT ORDER, ETC. (SIGNED BY JUDGE JAN E. DUBOIS) 3/7/96 ENTERED AND COPIES MAILED. (adr) (Entered: 03/07/1996)

9 CONSENT ORDER THAT THE UNITED STATES AND DEFT, TUCKER HOUSE II, INC. AGREE THAT THIS COURT HAS JURISDICTION OVER THIS MATTER PURSUANT TO 28 U.S.C.A. 1331, 1345; 31 U.S.C.A. 3729; THE PARTIES FURTHER AGREE

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03/06/1996 03/07/1996 04/18/1996

THAT VENUE LIES IN THIS JUDICIAL DISTRICT PURSUANT TO 28 U.S.C.A. 1391 (b) AND (c), ETC. (SIGNED BY JUDGE JAN E. DUBOIS) 3/7/96 ENTERED AND COPIES MAILED. (adr) (Entered: 03/07/1996)
Case closed (kv) (Entered: 03/12/1996)
10 Minute entry: Hearing of 3/7/96. (adr) (Entered: 03/07/1996)
11 Transcript of hearing of 3/6/96. (adr) (Entered: 04/18/1996)

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