IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

UNITED STATES OF AMERICA, § 

§ 

Plaintiff § 

§ 

v. § No. 3:22-CV-01692 

§ 

HALL'S LONG TERM CARE § 

PHARMACY, INC. d/b/a § 

CARE MART PHARMACY, § 

§ 

Defendant § 

COMPLAINT

The United States of America files its Complaint against the Defendant Hall's 

Long Term Care Pharmacy, Inc. d/b/a Care Mart Pharmacy.

I.

Jurisdiction and Venue

1. This Court has jurisdiction over the subject matter of this action pursuant 

to 28 U.S.C. §§ 1331 and 1345. 

2. Defendant Hall's Long Term Care Pharmacy, Inc. d/b/a Care Mart 

Pharmacy is a resident of the Northern District of Texas and presently resides within 

this judicial district with the following last known address or principal office: 

c/o Lewis Hall Jr., Registered Agent

708 Pennsylvania Avenue 

Fort Worth, Texas 76104 

Therefore, venue lies in this Court under 28 U.S.C. § 1391(b). 

Case 3:22-cv-01692-B Document 1 Filed 08/04/22 Page 1 of 8 PageID 1
II.

Background Facts

1. The Defense Health Agency (“DHA”) administers a medical and dental 

health benefits system for military personnel established in Chapter 55 of Title 10 of the 

United States Code, 10 U.S. C. §§ 1071 et seq. TRICARE is part of that system that 

provides medical benefits for military personnel.

2. Defendant provided covered services under the TRICARE program and 

was reimbursed for those services. 

3. An agent of TRICARE properly notified Defendant of its decision that 

Defendant had been paid more than was legally permissible under the TRICARE 

program and offered Defendant an opportunity to appeal this decision. A true and 

correct copy of the decision is attached as Exhibit A and the details of the overpayment 

are incorporated herein as if fully set out. 

4. The United States, through its operation of the TRICARE program paid 

Defendant certain sums of money to which it was not entitled, and Defendant is thus 

liable under the law of recoupment and unjust enrichment to return such amounts to 

the United States.

5. After all lawful offsets and credits, Defendant has received an 

overpayment of $13,188.00 in benefits as set forth in the Certificate of Indebtedness

(“COI”) attached hereto and made a part hereof as Exhibit B. 

6. As set forth in the attached COI, interest has accrued on the assessed 

penalties in this Notice, as provided by 31 U.S.C. § 3717(a)-(d), and non-payment 

Case 3:22-cv-01692-B Document 1 Filed 08/04/22 Page 2 of 8 PageID 2
penalties and administrative costs have been added to the assessed penalties in this 

citation, as provided by 31 U.S.C. §§ 3711(g)(6)-(7); 3717(e); 31 C.F.R. §§ 285.12(j); 

901.1(f). 

7. As of June 1, 2022 Defendant is indebted to the United States in the 

amount of $21,406.25 (principal, interest, non-payment penalties and administrative 

costs) for the overpayments as set forth in the Certificate of Indebtedness.

III.

Demand 

The United States respectfully requests judgment against Defendant Hall's Long 

Term Care Pharmacy, Inc. d/b/a Care Mart Pharmacy in the amount of $21,406.25. The 

United States further requests prejudgment interest and non-payment penalties as 

allowed by law from June 2, 2022 to the date of judgment, post-judgment interest, its 

costs of suit and for such other and further relief as the Court may deem just and 

proper.

 Respectfully submitted,

 RAY & WOOD

 By _________________________________ 

 Doug W. Ray 

 State Bar No. 16599200 

 

 300 Beardsley Lane, Suite B-100 

 Austin, Texas 78746 

 (512) 328-8877 (Telephone) 

 (512) 328-1156 (Facsimile) 

 dray@raywoodlaw.com 

 ATTORNEY FOR PLAINTIFF

UNITED STATES OF AMERICA

Case 3:22-cv-01692-B Document 1 Filed 08/04/22 Page 3 of 8 PageID 3
EX PRESS SCRI PTS~ 

August 18, 2019 

Principal: 

Tax ID: 

NCPDP#: 

$14,790.68 

752902352 

4526553 

Dear Care Mart Pharmacy: 

Express Scripts, Inc. 

P.O. Box 66505 

St. Louis, MO 63166-6505 

On July 19, 2019, we sent you a letter stating there was an overpayment in the amount of $14,790.68. As 

of today, your current balance is $14,790.68. 

On the check(s) listed below we sent you payment to cover services furnished to TRICARE beneficiaries 

during that remittance cycle. This was for pharmaceutical claims processed for TRICARE beneficiaries 

in the normal course of business. However, this check(s) represents an overpayment of $14,790.68 . 

Check No. Check Date 

6/19/2019 

On the June 19, 2019 remittance, claim reversal(s) were created due to pa retroactive adjustment, which 

other claims were not available to fully offset. These reversals created an overpayment. Subsequent 

remittances have not resulted in the full offset of the original overpayment. At this time we are required by 

TRICARE to send this letter advising you of the overpayment and make you aware of your rights. We 

regret any inconvenience that this error may have caused. 

The Federal Claims Collection Act, beginning at 31 U.S.C. 3701, requires that federal agencies, including 

DHA, collect government funds which were mistakenly issued from their accounts. Further, government 

agencies are required to collect interest on all delinquent debts at the rate of 1 percent per year. Interest 

charges will be waived if this debt is paid in full within 30 days from the date of this letter. If payment is 

not made within 30 days, interest will accrue from the date of this letter. If the claim(s) on which this 

recoupment action is based was assigned to a participating provider, both the provider and the TRICARE 

beneficiary have the right to appeal this determination. If the claim(s) was not assigned, only the beneficiary 

may appeal this determination. 

Additionally, federal agencies are required to assess a penalty charge, not to exceed 6% per year, upon any 

portion of the amount you owe that is delinquent for more than 90 days, and administrative costs, based 

upon the costs incurred in processing and handling the case because it became delinquent. 

Finally, we are required to annotate your records to enable us to collect the erroneous payment by 

administrative offset against future TRICARE claims. No such offset action will be taken for 60 days from 

the date of this letter, however. Since the possibility of offset against your TRI CARE claim exists, we are 

required to provide the following information to you. 

You have the right to inspect and copy all records pertaining to this debt. If you believe this determination 

regarding your TRI CARE coverage is incorrect or dispute the amount of the debt as calculated herein, you 

have a right to request an administrative review of the indebtedness. 

For the purposes of this recoupment action, your right to an administrative review includes your right to a 

EXHIBIT A

Case 3:22-cv-01692-B Document 1 Filed 08/04/22 Page 4 of 8 PageID 4
Nicole Gully 

Reconsideration under the regulation which govern TRICARE appeals (32 CFR 199.10) If you request an 

administrative review, you will be advised if you have further appeal rights to DHA. 

Your request must be in writing and must be received by this office within 90 days from the date of this 

letter. Your request should state specific reasons for believing that you believe you arc not indebted for 

any amount listed herein, and should be accompanied by supporting documentation, such as bookkeeping 

and medical records, and a copy of this Jetter. If you wish to request a waiver based upon an inability to 

pay, you will be required to complete a financial affidavit. Ifit then appears that you arc financially unable 

to make a fuH refund at this time, you may be afforded an opportunity to enter into a written agreement for 

repayment of the debt. Please note, however, that any payment plan will include an interest charge at the 

rate specified above. 

Payment of the total amount shmvn above within 30 days is considered payment in fuH. To satisfy your 

debt immediately, send a check or money order for the total amount, made payable to TRI CARE, to Express 

Scripts Inc. in the enclosed self-addressed envelope. If payment is not received within 30 days, interest and 

other late charges vviH accrne. 

Your cooperation and prompt attention to this matter is very much appreciated. 

Sincerely, 

Nicole Gully 

Business Analyst Government Finance 

Preferred method of contact: ngully(i1;cxprcss-scripts.com 

Telephone: (314) 684-7820 

Fax: (888) 802-4296 

Enclosures: 

Detail of Overpayment 

Self-addressed Envelope 

Case A4526553I0000190718 

EXHIBIT A

Case 3:22-cv-01692-B Document 1 Filed 08/04/22 Page 5 of 8 PageID 5
Detail of Overpayment A4526553I0000190718 

Date of Report: 8/15/2019 

Care Mart Pharmacy 4526553 Page 1 

FUND CHECK CHECK Reversal 

TYPE NCPDP SCRIPT NO FILL DATE ICN ING COST DISP FEE TAX COPAY PD AMT DATE NO Reason 

Reversals 

A 4526553 100007 7/28/2016 2018360TX WYZ3R ($2,391.07) $0.00 $0.00 $0.00 ($2,391.07) 6/19/2019 0 

A 4526553 100016 8/1/20162018360TX Z3YTR ($2,391.07) $0.00 $0.00 $0.00 ($2,391.07) 6/19/2019 0 

A 4526553 100027 8/4/20162018360TX ZCX4K ($2,391.07) $0.00 $0.00 $0.00 ($2,391.07) 6/19/2019 0 

A 4526553 100074 8/25/20162019046TXJNBBK ($2,391.07) $0.00 $0.00 $0.00 ($2,391.07) 6/19/2019 0 

A 4526553 100094 9/12/2016 2019046TX DDVCV ($2,391.07) $0.00 $0.00 $0.00 ($2,391.07) 6/19/2019 0 

A 4526553 100099 9/16/2016 2018360TX TFZLY ($2,391.07) $0.00 $0.00 $0.00 ($2,391.07) 6/19/2019 0 

A 4526553 100074 9/28/2016 2019046TX 9V8BR ($444.26) $0.00 $0.00 $0.00 ($444.26) 6/19/2019 0 

Total Reversals ($14,790.68) $0.00 $0.00 $0.00 ($14,790.68) 

Currrent Balance ($14,790.68) $0.00 $0.00 $0.00 ($14,790.68) 

EXHIBIT A

Case 3:22-cv-01692-B Document 1 Filed 08/04/22 Page 6 of 8 PageID 6
EXHIBIT B

Care Mart Pharmacy 

915 W Belknap St Ste 105 

Fort Worth, TX 76102 

EIN: 75-2902352 

Agency Claim No: TRFM13789795 

I hereby certify, as part of my duties with the U.S. Department of the Treasury (Treasury), including 

referring matters to the U.S. Department of Justice (DOJ) for litigation, I am a custodian of records of 

certain files sent by the United States Department of Defense (DoD) to Treasury for collection actions. As a custodian of records for Treasury, I have care and custody of the file of Care Mart Pharmacy, (DEBTOR) 

to DoD. 

The information contained in this Certificate of Indebtedness is based on documents created by an 

employee or contractor of DoD based on his/her knowledge at or near the time the events were recorded, 

including the review of the delinquency of overpayments, or by an employee or contractor of Treasury 

based on his/her knowledge at or near the time the events were recorded, including the review of the 

delinquency of overpayments. Treasury's regular business practice is to receive, store and rely on the documents provided by DoD, when, debts are referred to Treasury for collection activities, including 

litigation. 

On September 17, 2019, DoD determined the DEBTOR delinquent for an overpayment in the amount of 

$14,790.68 with an annual interest rate of 1.00%. DoD sent the DEBTOR letters advising of the overpayment and requesting payment to no avail. The DEBTOR had offsets totaling $1,602.68 which 

reduced the delinquent debt amount to $13,188.00. 

The DoD referred the claim to the Treasury's Bureau of the Fiscal Service, Debt Management Services 

(DMS) to collect the delinquent debt on November 6, 2020. DMS issued a demand letter to the DEBTOR 

on November 9, 2020, to which the DEBTOR did not respond. Further, I certify that I am familiar with 

Treasury's record keeping practices, including the receipt of files from the DoD. 

On May 23, 2022, DMS referred the claim to DOJ for litigation and collection in the amount due of 

$13,188.00 with daily interest of $0.37 and daily penalty of $2.17. As of June 1, 2022, the DEBTOR is 

indebted to the United States in the amount stated as follows: 

Principal: 

Interest (@1.00%): 

Penalty (@6.00%): 

Administrative Costs: 

Total: 

$13,188.00 $ 367.81 $ 2,137.54 $ 5,712.90 

$21,406.25 

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EXHIBIT B

The balances stated in the case listed above are current as of June 1, 2022, including any applicable 

interest, penalties, administrative fees, and DMS & DOJ (pursuant to 31 U.S.C. §§ 3717(e) and 3711(g)(6), 

(7); 31 C.F.R. 285.120) and 31 C.F.R. 901.l(f); and 28 U.S.C. § 527 note). 

Pursuant to 28 U.S.C. § 1746(2), I certify under penalty of perjury that the foregoing is true and correct to 

the best of my knowledge and belief based upon information provided by the DoD and information 

contained in Treasury's records. 

Signed by: Bureau of the Fiscal Service 

Ashleigh Edmonds 

Financial Program Specialist 

U.S. Department of Treasury 

Bureau of the Fiscal Service 

2