Free Order - District Court of Delaware - Delaware

Case 1 :04-cv-00105-JJF Document 29 Filed 05/O9/2007 Page 1 of 4
as UNITED STATES DISTRICT COURT .
t I FOR THE DISTRICT OF DELAWARE t
UNITED STATES OF AMERICA and )
}_ A - the STATE OF DELAWARE gg @ )
SHERRY SCHARFF, L.P.N. and )
°*—·’ . WALTER T. DECYK, [II, L.P.N. )
t‘i )
F ` Plaintif`fQ ) t
,.5 v. ) Civil Action No. 04-lO5 (JJF) 1 I t
2 ` V _ ) · t
*1 lHS,lNC., etal. I ) I
r A ) A ‘
)
“» - Defendants. ) - `
gf
FT _ ‘ . - I I -
L- t · . .
_ _ This matter having come before the Court on the Joint Stipulation of Partial Dismissal .
tiled by the State of Delaware, the United States, and Relator Decyk; and the Court being fully
advised in the matter, and finding that there is good cause to grant the requested relief, _
L-} _
W IT HEREBY IS ORDERED that, the parties having executed a settlement agreement
("Settle1nentAgreement") in this matter, the Court finds that it is fair, adequate, and reasonable
pursuant to 31 U.S.C. § 3730(c)(2)(B) and (b)(l) and, accordingly, the Court consents to the
as g Joint Stipulation of Partial Dismissal; and I
tf I IT-IS FURTHER ORDERED that the redacted Second Amended Complaint filed by the
J Relators in this action (attached as Exhibit l) shall beunsealed; and ‘
fj IT IS FURTHER ORDERED that the Governmenfs Notice of Partial Intervention in this »
III action shall be uusealed; and I - _-
Cl

Case 1 :04-cv-00105-JJF Document 29 Filed 05/O9/2007 Page 2 of 4
_ IT IS FURTHER ORDERED that, consistent with the terms of the above-referenced
TY Settlement Agreement and with the joint agreement ofthe parties, the allegations in Counts I - IV
I of Relators’ Second Amended Complaint against (I) GVP, (ii) IHS, Inc., (iii) T rans·Healtl1care,
_ hre., (iv) Green Acres Health Systems, Inc., (v) Green Valley Terrace, (vi) Allen Segal, (vii) Gary
Segal, (viii) Mary Casper, (ix) Denise Rhinehardt, (x) Sandy Edwards, and (xi) Jeff Blake shall
ge be dismissed with prejudice as to Relator Decyk; and
Li _ IT IS FURTHER ORDERED that, consistent with the terms of the above—referenced .
Settlement Agreement and with the joint agreement of the parties, the allegations that, (1) during
the period from May l, 2003 through and including May 31, 2004, Defendant GVP, through its
LJ employees, submitted requests for add-on payments to Delaware Medicaid knowing that the
rw » -
medical charges for its Delaware Medicaid residents had been unlawfully altered to indicate that
rehabilitative and psycho—s0cial services had been provided to said residents, when in fact such
services had not -been provided; and (2) from January l·, 2003 through May 31, 2004, Defendant
Li GVP, through its employees, knowingly altered GVP staffing records to improperly evidence
compliance with the staffing requirements contained in "Eag1e’s Law," 16 Del. Code Ann. §§
G _ I 1161, 5; ggq, shall be dismissed with prejudice as to the United States and to the State of I ·
Delaware; and n (
. IT IS FURTHER ORDERED that, consistent with the terms of the above-referenced
it Settlement Agreement and with the joint agreement. ofthe parties, the remaining allegations set
Q forth in Relators’ Second Amended Complaint against: (I) GVP, (ii) IHS, Inc., (iii) Trans J
( Healthcare, Inc., (iv) Green Acres Health Systems, Inc., (v) Green Valley Terrace, (vi) Allen
{Tl Segal, (vii) Gary Segal, (viii) Mary Casper, (ix) Denise Rhinehardt, (x) Sandy Edwards, and (xi)

l ri ` _ - 2 - .
lg

.Case 1 :04-cv-00105-JJF Document 29 Filed 05/O9/2007 Page 3 of 4
I
Jeff Blake shall be dismissed without prejudice to the United States; I I _
IT IS FURTHER ORDERED that, consistent with the terms ofthe above—referenced
)
U Settlement Agreement and with the joint agreement of the parties, the remaining allegations set .
i4 forth in Relators’ Second Amended Complaint against: (I) GVP, (ii) IHS, Inc., (iii) Trans
( Healthcare, Inc., (iv) Green Acres Health Systems, Inc., (v) Green Valley Terrace, (vi) Allen
fe- y E Segal, (vii) Gary Segal, (viii), Mary Casper, (ix) Denise Rhinehardt, (x) Sandy Edwards, and (xi)
LJ J eff Blake shall be dismissed without prejudice to the State; and
IT IS F URTHER- ORDERED that the allegations asserted by Relator Decyk in Counts XI
. A and XII of ReIators’ Second Amended Complaint shall be unsealed and Relator Decyk shall
serve the defendants named in these Counts with a copy of the redacted Second Amended
Complaint. A copy of this Order shall also be unsealed andsewed upon these defendants; and
IT IS FURTHER ORDERED that the Court’s Order granting Relator Scharffs motion to E
withdraw with prejudice shall be unsealed; and
IT IS FURTHER ORDERED that all other allegations against other defendants contained ·
in Relators’ Second Amended Complaint shall remain under seal until further Order of this
rm Court; and U
LJ IT IS FURTHER ORDERED that all other contents of the Court's file in this action shall I
remain under seal and shall not be made public or served upon the defendants; and I (
- 3 -
tml . . ‘

Case 1 :04-cv-00105-JJF Document 29 Filed 05/O9/2007 Page 4 of 4 -
tal I I IT IS FURTHER ORDERED, except as specifically set ferthin the Settlement E
Agreement between the parties, that each party shall bear its own costs.
LJ E
F"?. I -
te DONE and ORDERED this Cl day of , 2007. _
;g I
Q S Q $0 » g
55 UIWED S AT DISTRICT ` E
he
. 4 I
l ‘
l
-
rw " . ·
E; .
*7 - 4 -
Q I I