‫‪Case 7:17-cv-07515-KMK Document 14 Filed 08/03/20 Page 1 of 6‬‬

‫)ﻣﻤﻌﻪﺍ ﺩﺍﺩ) ‪:(.‬ﺀ )ﺍ‬

‫‪ (1٠‬ﻩ ﺍ‬
‫ﺀ_ﺃ‪ ١‬ﺓﺳﺔ(ﻧﺎﺩﻯﺣﻨﺪﺩﺀﺀﺫﺀ(ﺀ‪( :‬ﻩﺀ‪4 ،‬ﺩﻫﺔ<) ‪ 5.~. 63) 3٥(٢)(4)(٩‬ﻻ‪`´).31‬ﻷﺀ(´`ﺀﻁ(( (ﺀ ‪ ٩‬ﺩ_ﻩ‪ 1‬ﺀﺀﺩﺃ‪ ٧%‬ﺀ‬

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‫‪11٩‬ﻷ ﺩ´ﻧﺎﻻ‪ ~٥‬ﺀ‪(٢‬ﻷﺀ ؟ﻧﺎ‪ ٨(٩٦‬ﻩ ﻩ«ﺀ‪ ٢‬ﺍﻩ‪1‬ﻟﻤﺔ<ﻩ ﻩ ﺃ(ﻩ ﻛﺎ ﺩ`(‪ ٨‬ﺀ~«‪ ٩‬ﻩﻫﻼ‬
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‫ﺩﺃ‪ ٥٤(٢‬ﺀ‬

 ‫‪Case 7:17-cv-07515-KMK Document 14 Filed 08/03/20 Page 2 of 6‬‬

‫ﺀ‪. ((1‬ﺀ‪ ٩5‬ﺀ ﺀﻫﻪ () ‪) )«٥‬ﺀ‪ 55‬ﻟﻤﻂ‪ 5‬ﺃ) ﺀ~ ‪ 5‬ﺀﻫﻪ) ‪ 7‬ﺀ‪.‬ﺀ) ﺀ)ﺀ ( ‪ ٥‬ﻟﻢ ﻋﻪ (ﻩ))( ( ‪٥‬‬

‫‪).‬ﺀﻻ(ﺃ( ‪7‬‬

‫ﻩﺀﺩﺃ) ﺀ‪ 5‬ﺃﻻ‪ 1‬ﺀﺀ( ‪٩ « ٥‬‬

‫‪).‬ﺀ)((ﺀﺩ‬

 case 'Do'?u'rh'ent 1?4" Page?s o'fBW" 

GEOFFREY S. BERMAN
United States Attorney
Southern District of New York
Attorney for the United States of America
By: Ll YU
PETER ARONOFF
RACHAEL DOUD
Assistant United States Attorneys
86 Chambers Street
New York, New York 10007
Tel: (212) 637-2706/2697/3274

THE UNITED STATES DISTRICT, COURT
SOUTHERN DISTRICT OF NEW YORK

 

 

UNITED STATES or AMERICA 17 Civ. 7515 (KMK)
ex rel. ROBERT A. CUTLER,

Plaintiff, UNDER SEAL
V.

CIGNA CORP. er a1.,

Defendants.

 

 

 

NOTICE OF THE UNITED STATES THAT IT IS DECLINING IN PART ANT)
NOT INTERVENIN AS TO THE REMAINING CLAIMS AT THIS TIME

By Order dated December 27, 2019, the Court extended the time for the United States
(the ?Govermnent?) to notify the Court of its decision Whether to intervene in the above-
captioned action, or decline to do so, to February 25, 2020, and stated that ?there will be no more
extensions.? Based on this Order and the Government?s investigation conducted to date, the
Government hereby noti?es the Court that it has decided to decline as to certain of the claims
and allegations in the gut ram relator?s amended complaint and not to intervene at this time as to
the relator?s remaining allegations and claims.

Spcci?cally, the Government has elected to decline as to the relator?s claims insofar

as he asserts that when defendants submitted diagnosis codes based on so?called 360 ?nurse

A: A. . ..

 

 Case Document "14 Fil?d 08/03/20? Page 4"o'fmb" 

home visits? to CMS for risk?adjustment payment purposes under Medicare Part C, they
committed per se violations of the False Claims Act because the nurse home visits did
not involve the provision of medical treatment.

Further, the Government has decided not to intervene at this time as to any of the
other allegations and claims asserted by the relator in his amended complaint.

In addition, pursuant to 31 U.S.C. 373 the Government requests that all
pleadings and briefs ?led in this action be served upon the Government. The Government
further requests that the Court direct the relator?s counsel to serve on the Government any orders
issued by the Court. The Government reserves its right to order any deposition transcripts, to
intervene in this action, for good cause, at a later date, and to seek the dismissal of the relator?s
action.

The Government also requests that it be served with any notices of appeal.

Dated: New York, NY
February 25, 2020

GEOFFREY S. BERMAN
United States Attorney

By: Li Yu
LI YU
PETER ARON OFF
RACHAEL L. DOUD
Assistant United States Attorneys
86 Chambers Street, Third. Floor
New York, New York 10007

 

‫‪Case 7:17-cv-07515-KMK Document 14 Filed 08/03/20 Page 5 of 6‬‬

‫ﺀ‪ ٠‬ﺀﺩﻻﺍ«‪ ٦،٦( ٥‬ﺍﺍﻩ ﺩﻡﺀ ‪. 5. 0‬ﻟﻪ‬

‫‪.‬ﺩﺍ‪٠‬ﻧﻪﺀ(ﻩ ‪ ٨‬ﺃﺀﺩﻩ‪1‬ﺀ‪٦‬ﺀ ﺀ)()<ﺍﺩ‪٠‬ﺀ(ﺍﺀ) ﺩﺃﺩﺍ (ﻩ ﺩﻫﺄﺀﺩ(ﺀﻫﺄﺩ‪،‬ﻩﺀ ﺩﺍ‌«‪٥‬ﺫ (‪ ٠‬ﻩ ﺀ ﺀ)ﺀ(ﺍ<ﺍﺩ(( ﺀﻷ‬
‫‪.‬ﻻ‪ 1‬ﺍ ‪(٨‬ﺀﺀ(ﺩﺀ)‪1‬‬
‫‪ ٩٨‬ﻃﺔ ﺀ ‪ 5. 8‬ﻻﻋﺎ‪ ٩ (( 1‬ﺀﻻ‬

  Document 174 Filed 08/03/20 Page6of6

Ends. (2)

cc: (by e?mail) I
Marlene Khoury, Esq.
Constantine Canon. LLP
Counsel for the Relate??

. Hawk. .V.. . . .