Tag: U.S. Court of Appeals for the Third Circuit
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...