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Tag: tricenturion


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Future unknown for provider taking on contractors

January 18, 2013Liz Beaulieu, Editor

PHILADELPHIA - A former HME provider's bid to challenge a circuit court ruling that CMS contractors have “official immunity” from civil litigation is in limbo.Dominic Rotella, owner of Nichole Medical Equipment, believes he had until Jan. 19 to appeal the decision of the U.S. Court of Appeals for the Third Circuit to the U.S. Supreme Court.“I've had two problems,” he said. “I can't move forward without a lawyer with Supreme Court experience, and I can't move forward...

Dominic Rotella, Nichole Medical, tricenturion, VGM


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Deadline looms in Nichole Medical case

December 7, 2012Leif Kothe

YARMOUTH, Maine - A former HME provider whose civil suit was struck down by the U.S. Court of Appeals for the Third Circuit has until Jan. 19 to file an appeal that he hopes will push his case to the Supreme Court.“If an appeal is not presented to the Supreme Court by that date, this decision goes into the books as confirmed and uncontested,” said Dominic Rotella, owner of Nichole Medical Equipment.In 2011, Rotella, who went out of business after he says he was unfairly audited, filed...

CMS, Nichole Medical, tricenturion, U.S. Court of Appeals for the Third Circuit


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Appeals court sides with CMS contractor

November 16, 2012Leif Kothe

PHILADELPHIA - The U.S. Court of Appeals for the Third Circuit has rebuffed a former HME provider who fought an audit and won, then filed a $10 million lawsuit against the CMS contractor that conducted the audit.Dominic Rotella, the owner of Nichole Medical Equipment, which was improperly audited by TriCenturion and subsequently went out of business, says the outcome of the case threatens not only the HME industry, but any industry that contracts with CMS.“This is no longer about TriCenturion...

Dominic Rotella, NHIC, Nichole Medical, tricenturion, U.S. Court of Appeals for the Third Circuit


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Update: Nichole Medical vs. TriCenturion

April 27, 2012Liz Beaulieu, Editor

PHILADELPHIA - Dominic Rotella, the former HME provider who won an audit on appeal and who is now suing TriCenturion, the CMS contractor that conducted the audit, for $10 million in damages had his day in court April 20.In the U.S. Court of Appeals for the Third District here, Rotella's attorney, David Hollar, argued that Nichole Medical Equipment & Supply was driven out of business by TriCenturion's “unlawful” audit and, therefore, deserves damages. When asked by one of the three judges...

HOme medical equipment, tricenturion


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