A U.S. district court has denied Daytona, Fla.-based Halifax Health’s request for an injunction and is allowing a whistleblower complaint to move forward, according to a court order from District Judge Gregory Presnell.
Halifax contended that the whistleblower — who is a former employee — possessed numerous documents protected by either attorney-client privilege or the work product doctrine. The system claimed the whistleblower and her attorney wrongfully relied upon those documents when preparing their qui tam lawsuit and also turned the documents over to the United States.
Halifax sought a dismissal of the suit with prejudice — which would bar the whistleblower from bringing an action on the same claim.
The court reviewed the 31 protected documents and concluded that while Halifax has claimed the use of the documents caused it injury, the system has “made no showing whatsoever in this regard.” The court said Halifax has not identified any information the whistleblower would not have been aware of had she not utilized these documents.
The DOJ intervened and also filed suit in early November, claiming Halifax violated the anti-kickback law through contracts with three neurosurgeons and medical oncologists.
Related Articles on Halifax Health:
Justice Department Reaffirms Alleged Kickbacks at Florida’s Halifax Health
Florida’s Halifax Health Asks Judge to Dismiss Federal Kickback Suit
Justice Dept. Files Suit Against Florida’s Halifax Health Alleging Improper Relationships
At the Becker's 11th Annual IT + Revenue Cycle Conference: The Future of AI & Digital Health, taking place September 14–17 in Chicago, healthcare executives and digital leaders from across the country will come together to explore how AI, interoperability, cybersecurity, and revenue cycle innovation are transforming care delivery, strengthening financial performance, and driving the next era of digital health. Apply for complimentary registration now.
