Tag: Nichole Medical
Future unknown for provider taking on contractors
January 18, 2013Liz Beaulieu, Editor
PHILADELPHIA - A former HME provider's bid to challenge a circuit court ruling that CMS contractors have “official immunity” from civil litigation is in limbo.Dominic Rotella, owner of Nichole Medical Equipment, believes he had until Jan. 19 to appeal the decision of the U.S. Court of Appeals for the Third Circuit to the U.S. Supreme Court.“I've had two problems,” he said. “I can't move forward without a lawyer with Supreme Court experience, and I can't move forward...
In brief: VGM helps Nichole Medical, Scooter Store settles
January 4, 2013HME News Staff
WATERLOO, Iowa - At least one industry stakeholder is contributing to Dominic Rotella's effort to push his case (Nichole Medical v. TriCenturion) to the U.S. Supreme Court. The VGM Group has contributed $5,000, the first installment of a $25,000 commitment, to help Rotella challenge a lower court's decision that CMS contractors, as government agents, have "official immunity." Rotella has until Jan. 19 to file an appeal.Gov't, The Scooter Store settleNEW YORK - The U.S. Equal Employment Opportunity...
Deadline looms in Nichole Medical case
December 7, 2012Leif Kothe
YARMOUTH, Maine - A former HME provider whose civil suit was struck down by the U.S. Court of Appeals for the Third Circuit has until Jan. 19 to file an appeal that he hopes will push his case to the Supreme Court.“If an appeal is not presented to the Supreme Court by that date, this decision goes into the books as confirmed and uncontested,” said Dominic Rotella, owner of Nichole Medical Equipment.In 2011, Rotella, who went out of business after he says he was unfairly audited, filed...
Appeals court sides with CMS contractor
November 16, 2012Leif Kothe
PHILADELPHIA - The U.S. Court of Appeals for the Third Circuit has rebuffed a former HME provider who fought an audit and won, then filed a $10 million lawsuit against the CMS contractor that conducted the audit.Dominic Rotella, the owner of Nichole Medical Equipment, which was improperly audited by TriCenturion and subsequently went out of business, says the outcome of the case threatens not only the HME industry, but any industry that contracts with CMS.“This is no longer about TriCenturion...
Update: Court date may be imminent in Nichole Medical vs. TriCenturion
December 15, 2011Liz Beaulieu, Editor
The last we visited Dominic Rotella of Nichole Medical Equipment & Supply, his attorney had just filed a 31-page brief with the U.S. Court of Appeals for the Third District, and he was waiting for the Department of Justice (DOJ) to submit a response brief.
At issue, if you'll recall from my story in August: Rotella, who fought an audit and won, is suing TriCenturion, the CMS contractor that conducted the audit, for $10 million in damages. His lawsuit was dismissed by the U.S. district court...
Update: Dominic Rotella vs. TriCenturion
September 20, 2011Liz Beaulieu, Editor
We got quite a bit of feedback from readers when we ran a story about Dominic Rotella, an HME provider who won an audit on appeal and who is now suing TriCenturion, the CMS contractor that conducted the audit, for $10 million in damages.
Rotella's civil lawsuit was dismissed by the U.S District Court for the Eastern District of Pennsylvania in March, but earlier this month his attorney submitted a 31-page brief to the U.S. Court of Appeals for the Third District.
Attorney David Hollar disagrees...