Accretive Health Files Motion to Dismiss Minnesota Attorney General Lawsuit
April 30 2012 - 12:16PM
Business Wire
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.
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