The Herald Bulletin

Evening Update

Cops, courts and fires

April 28, 2014

Doctor asks for lawsuit to continue

INDIANAPOLIS — A former physician at the Madison County Community Health Center is asking a federal court not to dismiss her lawsuit against the center.

Representatives for Dr. Nilda Durany, who worked at the center from 2010 to 2011, filed documents asking that her lawsuit continue in U.S. District Court for the Southern District of Indiana.

The health center, 1547 Ohio Ave., Anderson, wanted her lawsuit dismissed stating in part that she failed to disclose elements of the case and state specific claims.

In late 2012, Durany filed a False Claims Act lawsuit claiming the health center may have defrauded the federal government and the state of Indiana by seeking reimbursement from Medicare and Medicaid.

In July 2013, Durany, of Indianapolis, filed for Chapter 7 bankruptcy. In part, health center attorneys sought dismissal of the earlier lawsuit and said Durany failed to mention the health center lawsuit in her bankruptcy.

In the recent court filing, many of Durany’s claims had been made previously including her allegation that 90 percent of the patients she saw had been prescribed a “cocktail” of Lortab, Klonopin and Soma. Lortab is a painkiller. Klonopin is an anti-anxiety drug. Soma is a muscle relaxant.

She also claimed that health center patients were limited to monthly prescription dosages because Medicaid programs compensated the health center by office visit, up to one a month.

No date has been set for a hearing.

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