U.S. v. CENTER

AND NOW, to-wit, this 10th day of November, 2010, after careful consideration and for the reasons set forth in the Opinion accompanying this Order, it is hereby ORDERED, ADJUDGED, and DECREED as follows:

1. Relators' Motion for Summary Judgment ( Doc. 110) be and hereby is GRANTED in part and DENIED in part as follows:

a. GRANTED as to the following issues:

(i) A financial relationship existed between BRMC and Drs. Vaccaro and Saleh pursuant to the Stark Act;

(ii) None of the exceptions under the Stark Act apply to Defendants;

(iii) None of the "safe harbor" provisions under the Anti-Kickback Act apply to Defendants; and

(iv) BRMC submitted claims for payment to Medicare based on referrals from Drs. Vaccaro and Saleh pursuant to the Stark and Act, and received payment from Medicare for such claims

b. DENIED in all other respects. Specifically, Realtors' motion is denied as to the following issues:

(i) That BRMC offered and paid remuneration to the V S Defendants, and the V S Defendants solicited and accepted such remuneration as an inducement or reward for referrals of medical services payable under federal healthcare programs in violation of the Anti-Kickback Act;

(ii) That V S Defendants caused the submission of such claims; and

(iii) Defendants acted knowingly, as that term is used in the False Claims Act.

2. Bradford Regional Medical Center's Motion for Summary Judgment ( Doc. 113) be and hereby is DENIED.

3. The V S Defendant's Motion for Summary Judgment (Doc. 124) be and hereby is DENIED.