The Herald Bulletin

Morning Update

Local Business

May 6, 2014

Health center seeks lawsuit dismissal

INDIANAPOLIS — The Madison County Community Health Center is asking a federal court to dismiss a complaint by one of its former doctors alleging fraud.

Dr. Nilda Durany filed the federal complaint on Dec. 17, 2012, in which she alleged that some of the 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 field, she filed a voluntary Chapter 7 bankruptcy.

On Thursday, attorneys for the health center, 1547 Ohio Ave., Anderson, 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.

Attorneys for the health center made the claims as part of documents seeking an extension until June 20 to file court papers.

No date has been set for a hearing in the case in U.S. District Court for the Southern District of Indiana.

Durany worked at the health center from March 2010 until she resigned in September 2011. Prior to her work there, she had been placed on probation by the Indiana Medical Licensing Board, according to agency documents.

In 1999, she was ordered to receive psychological counseling after showing a “pattern of bizarre behavior and poor judgment” from 1996 to 1998, including falling asleep on the floor of her Schererville, Ind., office; an altercation with a paramedic responding to her urgent care clinic on an emergency call; and asking a newspaper reporter to answer her clinic phone and take messages from patients.

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