United States Ex Rel. Roberts v. Aging Care Home Health, Inc.

RULING

JAMES, District Judge.

Before the Court is the United States’ Motion for Partial Summary Judgment [Doc. No. 149]. 1 The United States (hereinafter referred to as “the Government”) claims that Defendants Aging Care Home Health, Inc. (“Aging Care”) and its principals, Janice Davis (“Mrs.Davis”) and Otis Davis (“Mr.Davis”), submitted false claims to the Medicare program in violation of the Stark Act, 42 U.S.C. § 1395nn (hereinafter referred to as “Stark II”), and, therefore, are liable for payment by mistake and unjust enrichment under federal common law.

Magistrate Judge James D. Kirk…