logo
Share SHARE
FONT-SIZE Plus   Neg

Accretive Health Files Motion To Dismiss Minnesota AG Lawsuit

Accretive Health, Inc. (AH) 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.

by RTT Staff Writer

For comments and feedback: editorial@rttnews.com

Business News

Quick Facts

Editors Pick
German steel giant ThyssenKrupp AG reported a loss in its first quarter, compared to last year's profit as sales and orders were hurt by sharp deterioration in materials businesses. The company said its overall performance in the first quarter was within its full-year forecast corridor. Looking ahead, the company continues to expect higher net income and flat sales for fiscal 2016. German lender Commerzbank AG reported a profit in its fourth quarter, compared to last year's loss, particularly benefited by lower loan loss provisions. Chairman Martin Blessing noted that its for the first time in five years that the bank attained a net profit of more than 1 billion euros. Looking ahead, for fiscal 2016, the bank expects a slight increase in net profit from the prior year. Activision Blizzard Inc. (ATVI) on Thursday reported a drop in profit for the fourth quarter, as revenues declined reflecting weak demand for Skylanders SuperChargers and Guitar Hero Live. The video game publisher's profit and revenues fell short of Wall Street estimates. Moving ahead, the company detailed...
comments powered by Disqus
Follow RTT