Quick Facts
FONT-SIZE Plus   Neg
Share SHARE

Accretive Health Files Motion To Dismiss Minnesota AG Lawsuit

Accretive Health, Inc. (AH: Quote) said Monday that it has filed a motion to dismiss the Minnesota Attorney General's Complaint in federal district court in Minnesota.

The motion denies the Attorney General's claims and requests that the Court dismiss the complaint, in its entirety, with prejudice.

As stated in the motion, the company believes "…the Attorney General's First Amended Complaint includes allegations that are factually baseless and legally indefensible. What is worse is that rather than litigate this case in the courtroom, the Attorney General orchestrated a nationwide media campaign against Accretive Health."

The core of the case involves the criminal theft of a password-protected laptop. Under the federal Health Insurance Portability and Accountability Act and the Minnesota Health Records Act, a company cannot be held liable for the unforeseeable criminal act of a third party stealing a corporate laptop, Accretive Health claimed.

The company further said that in the ten months since the laptop was stolen, there is no evidence that any patient data has been compromised, and hence, in the absence of any injury, the Attorney General lacks legal standing to pursue claims under HIPAA and the Minnesota Health Records Act as a matter of law. Accretive Health noted that it entered into a Consent Order with the Minnesota Department of Commerce on February 3 to address its debt collection practices in Minnesota. Accretive Health continues to work cooperatively with the Department of Commerce. Under fundamental principles of law, the Attorney General is barred from pursuing the identical claims already addressed by a fellow state official, the company asserted.

The company also said the Attorney General's consumer fraud claims are baseless in fact and law.

Register
To receive FREE breaking news email alerts for Accretive Health Inc. and others in your portfolio

by RTT Staff Writer

For comments and feedback: editorial@rttnews.com

Business News

Quick Facts

Editors Pick
Swiss drug maker Roche Holding said a late-stage trial of its breast cancer drug Kadcyla did not provide superior results compared with an existing therapy. FCA US, until recently known as Chrysler, said Friday it is recalling 257,000 Dodge Ram pickups. The auto maker says the rear axle pinion nut on certain model year 2005 Dodge Ram 1500 trucks may loosen due to an undersized spline on the pinion gear. If the pinion nut loosens, the rear axle may... This medical device company has a very impressive track record of growing business over the past decade. increasing sales from $490.2 million in 2004 to $1.72 billion this year. The Silicone Hydrogel daily disposable lens portfolio constitutes a major avenue for growth.
comments powered by Disqus
FREE Newsletters, Analysis & Alerts

 

Stay informed with our FREE daily Newsletters and real-time breaking News Alerts. Sign up to receive the latest information on business news, health, technology, biotech, market analysis, currency trading and more.