Health center: Doctor can’t prove fraud

(File Photo)

INDIANAPOLIS (WISH) – Attorneys for an Indianapolis health center say a former physician who is suing them for fraud can’t provide examples where patients received unnecessary treatment.

According to 24-Hour News 8’s partners, The Herald Bulletin, Dr. Nilda Durany filed the federal complaint on Dec. 17, 2012, in which she alleged that some of the Madison County Community Health Center’s doctors improperly prescribed medication as a way to receive federal and state funding. Their actions may have defrauded the federal government and the state of Indiana by seeking reimbursement from Medicare and Medicaid, her initial complaint stated.

Seven months after the complaint was filed, Durany filed a voluntary Chapter 7 bankruptcy.

Last month, attorneys for the health center claimed that Durany failed to disclose the existence of the federal complaint in her bankruptcy filings. Durany does not have standing, the health center representatives say, to pursue the federal complaint.

On Friday, the center’s attorney, Peter Morse, of Indianapolis, submitted a motion again asking that the case be dismissed.

“This wholesale failure to provide the necessary details, despite (Durany) having treated numerous patients at MCCHC during her employment, is indicative not only of her failure to plead with particularity but also of the utter implausibility of her fraud claims,” Morse wrote.

The Herald Bulletin reports no date has been set for a hearing.

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