A federal judge gave Brookdale University Hospital and Medical Center permission to return to court with racketeering claims against a health plan and two physician organizations.
Federal judge gives Brookdale green light
U.S. District Court Judge Roslynn Mauskopf agreed in late April to allow the New York hospital to file an amended complaint against Health Insurance Plan of Greater New York, Cogent Healthcare, and Central Brooklyn Medical Group, now Preferred Health Partners. Mauskopf threw out racketeering claims in Brookdales 2007 lawsuit at the end of March. Brookdale asked Mauskopf to reconsider, a bid she denied after clearing the way for an amended complaint.
Michael Brown, a lawyer representing 486-bed Brookdale, said the hospitals latest claims will include new allegations and information learned as the lawsuit proceeded.
Brookdales 2007 lawsuit alleged the health plan deployed Cogent Healthcares hospitalists to conduct utilization reviews of patients referred to the hospital by the Central Brooklyn Medical Group in a bid to deny coverage.
In her opinion rejecting the racketeering claims, Mauskopf wrote that the hospitals allegations fell short of fraud.
Anne Hancock, a spokeswoman for Cogent, Brentwood, Tenn., said in an e-mail the judges decision to allow Brookdale to file an amended complaint was not unexpected. She said Brookdale has been unable to establish a legitimate claim on the federal issues.
Ilene Margolin, a HIP spokeswoman, described the judges decision as fair and said the health plan is waiting to see if Brookdale is able to present any new facts, as the hospital has alleged.
Brian McGovern, a lawyer representing Preferred Health Partners, also said he is waiting to see what the hospitals amended complaint will contain.
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