„Appropriate communication is essential for judicial authorization of a class comparison in accordance with Rule 23, point e).“ Hanlon v. Chrysler Corp., 150 F.3d 1011, 1025 (9th Cir. 1998). „Communication is satisfactory when it describes the conditions of the comparison in general in sufficient detail to warn those with unfavourable views, to investigate, come forward and be heard.“ Churchill Vill., L.L.C v. Gen. Elec., 361 F.3d 566, 575 (9. Cir. 2004) (quote from Mendoza v. Tucson Sch. Dist. No.
1, 623 F.2d 1338, 1352 (9. Cir. Any message of comparison sent to the class should „bring the attention of class members to the possibility of opting out and individually following all legal remedies by the state that might offer a better opportunity for recovery.“ Hanlon, 150 F.3d to 1025. It is important that class communication contains information about the legal fees that must be attributed to the transaction, as it serves as an „appropriate communication of the class advisor`s interest in billing.“ Staton vs. Boeing Co., 327 F.3d 938, 963 n.15 (9. Cir. 2003) (quote from Torrisi v. Tucson Elec. Power Co., 8 F.3d 1370, 1375 (9th Cir 1993)) (by stating that if the disclosure refers only indirectly to lawyers` fees, the courts must be all the more vigilant in protecting the interests of class members with respect to the awarding of the contract“).
The comparisons announced today illustrate the government`s focus on combating health fraud and are a further achievement of the Health Care Prevention and Environmental Action Team (HEAT) initiative, announced in May 2009 by the Attorney General and the Minister of Health and Human Services. The partnership between the two divisions has focused on reducing and preventing medicare and Medicaid`s financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Department of Justice has recovered a total of more than $27.1 billion through Cases under the False Claims Act, of which more than $17.1 billion has been recovered in cases where fraud has been committed against federal health programs. Advice and complaints from all sources regarding fraud, waste, abuse and mismanagement, including the behaviour described in the U.S. complaint, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477). On August 31, 2017, the applicant submitted a status report. (Doc.
184.) In this status report, the applicant found that there are 8,555 class members entitled to $600 or more in revenue. (ID. to 3.) The applicant indicates that this is the threshold that triggers certain reporting obligations within the Internal Revenue Service (IRS). (Id.) To submit the required reporting documents, the billing administrator needs tax identification numbers (IDNs) for class members, which he does not have for 8,135 of the class members. (Id.) According to the applicant, without these penalties, the IRS will assess the failure to submit W-9s and 1099s forms against trustees and class members, even if the billing administrator properly withholds tax payments and sends them to the IRS. (Id.) The applicant has already sent notices of irregularities to these members of the class to which they have not responded. (Id.) The applicant asks the Tribunal to order that the administrator of the KCC transaction send additional notices of default to these members prior to distribution. (Id.) The Tribunal considers that the applicant`s application is appropriate and therefore orders the KCC administrator to issue additional notices of default to members for whom KCC does not have TIN information.
In addition, KCC has the right to pay class members who do not reproduce TIN information, in annual increments of less than $600, after the second notification of defects. In addition to billing with Kindred/RehabCare, the DOJ announced comparisons with four SNF for their role in submitting claims to Medicare that were false because they were based in part on rehabCare`s proposed (or not) therapy.