Foley Secures Dismissal for Empire HealthChoice Assurance, Inc.

Foley represented Empire HealthChoice Assurance, Inc. in a case before the U.S. Court of Appeals for the Second Circuit in which Huron Consulting Group, Inc. and insurer Empire HealthCare Assurance, Inc. were accused by a former Huron auditor of using an inaccurate formula to improperly inflate outlier payments that provide hospitals with extra compensation when patients require expensive care. The Second Circuit affirmed the dismissal of the $50 million False Claims Act complaint, finding no regulation or law that barred the billing practices.

The Foley team consisted of Michael Leffel, David Simon, Tina Matic, Rachel Kramer and Michael Tuteur.