DaVita HealthCare Partners Inc. announced that a False Claims Act suit by a former patient that claimed the dialysis provider violated Medicare regulations by failing to follow the nurse-to-patient ratio of 1:12 has been dismissed.
In the suit, former DaVita dialysis patient Laura Turner-Hooks had alleged that the nurses at the DaVita Tel-Huron Dialysis facility in Waterford , Mich., where she received dialysis treatments in 2010, were frequently absent from the floor, according to Law 360. The complaint, which was filed in July 2012 and unsealed in November of that year after the government declined to intervene, also alleged that nurses were also often taking care of 18 patients at a time each.
Turner-Hooks also claimed that the dialysis machines in the facility were obsolete and defective and broke down "consistently."
"The government agreed to pay the defendants for dialysis treatment rendered to a patient provided that a nurse was on the floor at all times during the treatment," Turner-Hooks said in the complaint. "The government was billed for services which were not provided since defendants were to provide a nurse on the floor at all times during dialysis treatment and the government paid for that service which was not provided."
On March 29, 2013, DaVita filed a motion to dismiss the case, arguing that the allegations were meritless. The U.S. District Court dismissed the case with prejudice.
"DaVita is proud of the excellent quality of care it provides to patients," according to a press release from the dialysis provider that announced the dismissal of the case.