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The Law Offices of Marc S. Henzel Announces Class Action Lawsuit Against Chemed Corporation (NYSE:CHE)

16 Jan, 2012 @ 10:53 am EDT
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(IBwire.com – January 16, 2011) - The Law Offices of Marc S. Henzel announces that a lawsuit seeking class action status has been filed in the United States District Court for the Southern District of Ohio on behalf of purchasers of Chemed Corporation (NYSE:CHE) common stock during the period between February 15, 2010 and November 16, 2011 (the “Class Period”).

The complaint alleges that during the Class Period, defendants issued materially false and misleading statements regarding the Company’s business and prospects. Specifically, defendants misrepresented and/or failed to disclose the following adverse facts: (a) that the Company engaged in a scheme to fraudulently bill Medicare for hospice services for patients who did not qualify for hospice and fraudulently shifted the costs of those patients from health maintenance organizations that covered those patients prior to enrollment in hospice to the U.S. government; (b) that a significant portion of the Company’s hospice enrollments, revenues and earnings were the direct result of defendants’ scheme to enroll ineligible patients in hospice and fraudulently bill Medicare for hospice services; (c) that, in a complaint filed under seal, a former VITAS manager had accused the Company of engaging in a Company-wide scheme to enroll ineligible patients in hospice and fraudulently bill Medicare; (d) that the Company failed to maintain adequate internal controls and procedures with respect to hospice enrollments and Medicare billings; (e) that the Company’s financial results were materially overstated as a result of defendants’ fraudulent scheme to enroll ineligible patients in hospice; and (f) that, as a result of the foregoing, defendants lacked a reasonable basis for their positive statements about the Company and its prospects.

On November 16, 2011, a Bloomberg article entitled “Whistleblower Accuses Chemed Unit of Medicare HMO Conspiracy” disclosed that a former VITAS manager had accused Chemed of defrauding the federal government by conspiring with health insurers to enroll Medicare patients who were not dying into hospice. The article also discussed a U.S. Department of Justice investigation into fraudulent conduct by VITAS. In response to these announcements, shares of the Company’s stock fell $6.87 per share, or 11%, to close at $50.65 per share on November 16, 2011.

 

If you are a member of the class, you may request no later than March 12, 2012, that the Court appoint you as lead plaintiff of the class. A lead plaintiff is a class member that acts on behalf of other class members in directing the litigation. Although your ability to share in any recovery is not affected by the decision whether or not to seek appointment as a lead plaintiff, lead plaintiffs make important decisions which could affect the overall recovery for class members.

The Law Offices of Marc S. Henzel has not filed a lawsuit against the defendants.  If you currently own shares of Chemed Corporation and/or purchased shares during the class period and would like to learn more about any potential claims or you wish to discuss these matters and have any questions concerning this announcement or your rights, please contact Marc S. Henzel (610) 660-8000, Mhenzel@Henzellaw.com, or to sign up online, visit the firms website at www.henzellaw.com

Attorney advertising. © 2012 Law Offices of Marc S. Henzel.  The law firm responsible for this advertisement is the Law Offices of Marc S. Henzel.  Prior results do not guarantee or predict a similar outcome with respect to any future matter.

 

Contact:

Law Offices of Marc S. Henzel

Marc S. Henzel

Email: Mhenzel@Henzellaw.com

Phone 610-660-8000

Website: www.henzellaw.com

This article is copyrighted by IBWire.com
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