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

Editors Pick
Low-cost airline Allegiant Air announced its order for brand-new aircraft for the first time in its history. The carrier announced on Friday it had reached a deal to purchase 12 current-generation models of Airbus' A320 narrow-body jets. The company termed the deal as "another step towards Allegiant's... Los Angeles City officials have filed criminal charges against Soylent CEO Robert Rhinehart for placing a bright red shipping container on Montecito Heights hillside as part of his "experiment in sustainable living." City Attorney Mike Feuer Friday announced that his office has filed multiple criminal... A new study says that if Hillary Clinton is elected then her proposals will strengthen the U.S. economy and create millions of jobs. According to Moody's Analytics, Hillary Clinton's economic proposal would oversee a "somewhat stronger U.S. economy." The conclusion was reached after assessing her...
comments powered by Disqus
Follow RTT