Case: U.S. v. GMS Management-Tucker

2:96-cv-01271 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Feb. 21, 1996

Closed Date: March 6, 1996

Clearinghouse coding complete

Case Summary

On February 21, 1996. the United States Attorney for the Eastern District of Pennsylvania filed a lawsuit in the United States District Court for the Eastern District of Pennsylvania against GMS Management-Tucker, Inc. and Tucker House II, Inc. GMS Management was a for-profit corporation and Tucker House II was a non-profit corporation. Tucker House II hired GMS to provide care to residents of Tucker House Nursing Home, a long-term care facility certified to participate in Medicare and Medica…

On February 21, 1996. the United States Attorney for the Eastern District of Pennsylvania filed a lawsuit in the United States District Court for the Eastern District of Pennsylvania against GMS Management-Tucker, Inc. and Tucker House II, Inc. GMS Management was a for-profit corporation and Tucker House II was a non-profit corporation. Tucker House II hired GMS to provide care to residents of Tucker House Nursing Home, a long-term care facility certified to participate in Medicare and Medical Assistance Programs.

The complaint alleged that the defendants schemed to collect payment from the federal government for care that was not rendered to elderly residents. Individual residents were not provided with proper medical care or nutrition. The United States claimed that the defendants violated the False Claims Act and were unjustly enriched through payments already received from the federal government.

The parties entered into a consent decree on March 6, 1996. Tucker House II agreed to pay $25,000 to the United States as a payment for violating the False Claims Act, to provide proper medical care and nutrition to residents, to train its staff, and to allow an independent monitor into the facility. It also agreed to comply with the Medicare and Medical Assistance Program Requirements and the Nursing Home Reform Act.

The district court (Judge Jan E. Dubois) closed the case on March 6, 1996 and the PACER docket provides no further information about this case.

Summary Authors

Angela Heverling (5/21/2007)

People


Judge(s)

DuBois, Jan Ely (Pennsylvania)

Attorney for Plaintiff

Hoffman, David R. (Pennsylvania)

Sheehan, James G. (Pennsylvania)

Attorney for Defendant

Laigaie, David M. (Pennsylvania)

Mustokoff, Michael M. (Pennsylvania)

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Documents in the Clearinghouse

Document

2:96-cv-01271

Docket (PACER)

U.S. v. GMS Management

April 18, 1996

April 18, 1996

Docket
1

2:96-cv-01271

Complaint

U.S. v. GMS Management

Feb. 21, 1996

Feb. 21, 1996

Complaint
8

2:96-cv-01271

Consent Order

U.S. v. GMS Management

March 6, 1996

March 6, 1996

Order/Opinion

Docket

Last updated March 19, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. (fe) (Entered: 02/21/1996)

Feb. 21, 1996

Feb. 21, 1996

Standard Case Management Track. (fe) (Entered: 02/21/1996)

Feb. 21, 1996

Feb. 21, 1996

2

MOTION by PLAINTIFF USA TO ENTER CONSENT ORDER , MEMORANDUM, CERTIFICATE OF SERVICE. (fe) Modified on 02/21/1996 (Entered: 02/21/1996)

Feb. 21, 1996

Feb. 21, 1996

3

ORDER THAT UPON CONSIDERATION OF THE COMPLAINT, PLFF'S MOTION TO ENTER CONSENT ORDERS, AND THE 2 PROPOSED CONSENT ORDERS, IT IS ORDERED THAT A HEARING ON PLFF'S MOTION TO ENTER CONSENT ORDERS IS SCHEDULED FOR 3/7/96 AT 10:00 . (SIGNED BY JUDGE JAN E. DUBOIS) 3/1/96 ENTERED AND COPIES MAILED. (adr) (Entered: 03/01/1996)

Feb. 29, 1996

Feb. 29, 1996

4

ORDER THAT THE HEARING ON PLFF'S MOTION TO ENTER CONSENT ORDERS, PREVIOUSLY SCHEDULED FOR 3/7/96 WILL BE HELD ON 3/6/96 AT 10:00 A.M. CTRM. 12-B. ( SIGNED BY JUDGE JAN E. DUBOIS ) 3/4/96 ENTERED AND COPIES MAILED. (jef) (Entered: 03/04/1996)

March 1, 1996

March 1, 1996

5

Appearance of MICHAEL M. MUSTOKOFF for DEFENDANT TUCKER HOUSE, II, certificate of service. (adr) (Entered: 03/05/1996)

March 4, 1996

March 4, 1996

6

Appearance of DAVID M. LAIGAIE for DEFENDANT GMS MANAGEMENT, certificate of service. (adr) (Entered: 03/06/1996)

March 5, 1996

March 5, 1996

7

ORDER THAT PLFF'S MOTION TO ENTER CONSENT ORDERS IS GRANTED; THE 2 CONSENT ORDERS - ONE BETWEEN THE PLFF, USA, AND DEFTS, GMS MANAGEMENT-TUCKER, INC., AND GERIATRIC & MEDICAL COMPANIES, INC,; AND, THE OTHER BETWEEN THE PLFF, USA, AND DEFT, TUCKER HOUSE, II, INC. - WERE SIGNED THIS DATE. (SIGNED BY JUDGE JAN E. DUBOIS) 3/7/96 ENTERED AND COPIES MAILED. (adr) (Entered: 03/07/1996)

March 6, 1996

March 6, 1996

8

CONSENT ORDER THAT THE UNITED STATES, GMS MANAGEMENT-TUCKER, INC. AND GERIATRIC & MEDICAL COMPANIES, INC. AGREE THAT THIS COURT HAS JURISDICTION PURSUANT TO 28 U.S.C.A. 1331, 1345, AND 31 U.S.C.A. 3729; THAT VENUE LIES IN THE JUDICIAL DISTRICT PURSUANT TO 28 U.S.C.A. 1391 (b) AND (c); AND THAT THEY WILL BE BOUND BY THE TERMS OF THIS CONSENT ORDER, ETC. (SIGNED BY JUDGE JAN E. DUBOIS) 3/7/96 ENTERED AND COPIES MAILED. (adr) (Entered: 03/07/1996)

March 6, 1996

March 6, 1996

9

CONSENT ORDER THAT THE UNITED STATES AND DEFT, TUCKER HOUSE II, INC. AGREE THAT THIS COURT HAS JURISDICTION OVER THIS MATTER PURSUANT TO 28 U.S.C.A. 1331, 1345; 31 U.S.C.A. 3729; THE PARTIES FURTHER AGREE THAT VENUE LIES IN THIS JUDICIAL DISTRICT PURSUANT TO 28 U.S.C.A. 1391 (b) AND (c), ETC. (SIGNED BY JUDGE JAN E. DUBOIS) 3/7/96 ENTERED AND COPIES MAILED. (adr) (Entered: 03/07/1996)

March 6, 1996

March 6, 1996

Case closed (kv) (Entered: 03/12/1996)

March 6, 1996

March 6, 1996

10

Minute entry: Hearing of 3/7/96. (adr) (Entered: 03/07/1996)

March 7, 1996

March 7, 1996

11

Transcript of hearing of 3/6/96. (adr) (Entered: 04/18/1996)

April 18, 1996

April 18, 1996

Case Details

State / Territory: Pennsylvania

Case Type(s):

Nursing Home Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 21, 1996

Closing Date: March 6, 1996

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

GMS Management-Tucker, Inc. and Tucker House II, Inc (Philadelphia, Philadelphia), Private Entity/Person

Tucker House Nursing Home (Philadelphia), Private Entity/Person

Case Details

Causes of Action:

False Claims Act, 31 U.S.C. § 3729

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1996 - 1996

Issues

General:

Food service / nutrition / hydration

Medical/Mental Health:

Medical care, general

Type of Facility:

Non-government for-profit

Non-government non-profit