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Accretive Health, Inc. (NYSE:AH) today 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 motion includes the following grounds for dismissing the case:
1) The core of this case involves the criminal theft of a
password-protected laptop. Under the federal Health Insurance
Portability and Accountability Act (HIPAA) 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. Further, in
the ten months since the laptop was stolen, there is no evidence (and
the Attorney General does not even claim) that any patient data has been
compromised. As a result, 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.
2) On February 3, 2012, Accretive Health entered into a Consent Order
with the Minnesota Department of Commerce 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.
3) The Attorney General’s consumer fraud claims are baseless in fact and
law. In particular, it is undisputed that information about Accretive
Health’s Quality and Total Cost of Care (“QTCC”) services at Fairview
Health System, aimed at developing strategies to reduce emergency room
admissions and in-patient stays for the sickest five percent of
patients, were widely disseminated to the public in securities filings
and media accounts, defeating any fraud claim.
As with all litigation, no assurance can be provided as to the outcome
of the matters discussed herein.
About Accretive Health
Accretive Health partners with healthcare providers to help them more
effectively manage their revenue cycles, strengthen their financial
stability, and improve the quality of care they provide while reducing
overall healthcare costs. Our people, processes and sophisticated
integrated technology complement our clients' existing resources to
enhance results for patients, physicians and staff. For more
information, please visit www.accretivehealth.com.
Safe Harbor Statement
This document contains forward-looking statements, including statements
regarding the allegations made by the Minnesota Attorney General, the
lawsuit filed against us by the Minnesota Attorney General and our
motion to dismiss the lawsuit, all of which involve risks and
uncertainties. Our actual results and outcomes could differ materially
from those anticipated in these forward-looking statements as a result
of various factors, including those set forth in our Annual Report on
Form 10-K filed with the SEC on February 29, 2012, under the heading
"Risk Factors". The words “strive,” “objective,” "anticipates,"
"believes," "estimates," "expects," "intends," "may," "plans,"
"projects," "would," “will,” and similar expressions are intended to
identify forward-looking statements, although not all forward-looking
statements contain these identifying words. We have based these
forward-looking statements on our current expectations and projections
about future events. Although we believe that the expectations
underlying any of our forward-looking statements are reasonable, these
expectations may prove to be incorrect and all of these statements are
subject to risks and uncertainties. Should one or more of these risks
and uncertainties materialize, or should underlying assumptions,
projections, or expectations prove incorrect, actual results,
performance, financial condition, or events may vary materially and
adversely from those anticipated, estimated, or expected.
All forward-looking statements included in this report are expressly
qualified in their entirety by the foregoing cautionary statements. We
wish to caution readers not to place undue reliance on any
forward-looking statement that speaks only as of the date made and to
recognize that forward-looking statements are predictions of future
results, which may not occur as anticipated. Actual results could differ
materially from those anticipated in the forward-looking statements and
from historical results, due to the uncertainties and factors described
above, as well as others that we may consider immaterial or do not
anticipate at this time. Although we believe that the expectations
reflected in our forward-looking statements are reasonable, we do not
know whether our expectations will prove correct. Our expectations
reflected in our forward-looking statements can be affected by
inaccurate assumptions we might make or by known or unknown
uncertainties and factors, including those described above. The risks
and uncertainties described above are not exclusive, and further
information concerning us and our business, including factors that
potentially could materially affect our financial results or condition
or relationships with customers and potential customers, may emerge from
time to time. We assume no, and we specifically disclaim any, obligation
to update, amend, or clarify forward-looking statements to reflect
actual results or changes in factors or assumptions affecting such
forward-looking statements. We advise you, however, to consult any
further disclosures we make on related subjects in our periodic reports
that we file with or furnish to the U.S. Securities and Exchange
Commission.