Historically, courts have been skeptical that the government can hold a nursing home liable for fraud based on a theory that its services were so subpar as to be effectively worthless. But a confluence of two factors – the COVID-19 pandemic and government enforcement initiatives—portend the likely softening of this skepticism. This is fertile ground for developments in the law of “worthless services” unfavorable to nursing homes detail Goodwin White Collar Defense lawyers William Harrington, Anne Railton and Tucker DeVoe. Read the New York Law Journal by-line here.
In The Press June 29, 2020