United States ex rel. Carson v. Manor Care, Inc.

Decision Date16 March 2017
Docket NumberNo. 16-1035,16-1035
Citation851 F.3d 293
Parties UNITED STATES of America EX REL. Patrick Gerard CARSON, Plaintiff-Appellant, and United States of America ex rel. Christine A. Ribik, Plaintiff, v. MANOR CARE, INCORPORATED, a/k/a HCR Manor Care, Inc., d/b/a HCR Manor Care; HCR Manor Care; Heartland Employment Services, LLC, Defendants-Appellees, and Manor Care—Fair Oaks of Fairfax VA, LLC, d/b/a ManorCare Health Services—Fair Oaks ; Manor Care of Arlington VA, LLC, d/b/a ManorCare Health Services—Arlington; Manor Care of North Hills of Pittsburgh PA, LLC, a/k/a ManorCare Health Services—North Hills ; Manor Care of Pottstown, PA, LLC, a/k/a ManorCare Health Services—Pottstown ; Manor Care of Pottsville PA, LLC, a/k/a ManorCare Health Services—Pottsville; Manor Care of Sinking Spring PA, LLC, a/k/a ManorCare Health Services—Sinking Spring ; Manor Care of Sunbury PA, LLC, a/k/a ManorCare Health Services—Sunbury ; Manor Care of West Reading PA, LLC, a/k/a ManorCare Health Services—West Reading North ; Manor Care of Whitehall Borough PA, LLC, a/k/a ManorCare Health Services—Whitehall Borough ; Manor Care of Williamsport PA (South), LLC, a/k/a ManorCare Health Services—Williamsport South ; Manor Care of Yardley PA, LLC, a/k/a ManorCare Health Services—Yardley ; Manor Care of Yeadon PA, LLC, a/k/a ManorCare Health Services—Yeadon ; Manor Care of York (North) Inc., a/k/a Manor Care—North, a/k/a ManorCare Health Services—York North ; Manor Care of York (South) Inc., a/k/a Manor Care—South, a/k/a ManorCare Health Services—York South ; Manor Care of Charleston, Inc., a/k/a HCR ManorCare Health Services—Charleston, a/k/a Manor Care, Incorporated; Manor Care of Columbia, Inc., a/k/a HCR Manor Care—Columbia, a/k/a Manor Care, Incorporated; Manor Care of Lexington, Inc., a/k/a Manor Care Nursing and Rehab Center, a/k/a Manor Care, Incorporated; Manor Care of Aberdeen SD, LLC, a/k/a ManorCare Health Services—Aberdeen ; Manor Care of Tennessee, Inc.; Manor Care of Dallas TX, LLC, a/k/a ManorCare Health Services—Dallas ; Manor Care of Forth Worth TX, LLC, a/k/a ManorCare Health Services—Fort Worth; Manor Care of Houston TX, LLC, a/k/a ManorCare Health Services—Houston, a/k/a ManorCare Health Services—Sharpview ; Manor Care of North Richland Hills TX, LLC, a/k/a ManorCare Health Services—North Richland Hills; Manor Care of San Antonio TX, LLC; Manor Care of Webster TX, LLC; Manor Care of Alexandria VA, LLC; Manor Care of Imperial (Richmond VA), LLC; Manor Care of Stratford Hall (Richmond VA), LLC; Manor Care Health Services of Washington Inc.; Manor Care of Gig Harbor WA, LLC; Manor Care of Lynwood WA, LLC ; Manor Care of Tacoma WA, LLC ; Manor Care of Appleton WI, LLC; Manor Care of Fond du Lac WI, LLC; Manor Care of Green Bay WI (East), LLC; Manor Care of Kenosha WI, LLC; Manor Care of Pewaukee WI, LLC; Carlyle Group, a/k/a Carlyle—ManorCare; Carlyle MC Partners, L.P. ; Carlyle Partners V MC, L.P. ; ManorCare Health Services of Arizona, Inc.; Heather Manor Care Center, Inc., a/k/a Heather Manor Nursing and Rehab Center; Stella Manor Care Center, Inc.; Manor Care of California Inc. ; Broadway Manor Care Center, Inc.; Carlyle Partners, LLC; Carlyle Group LLC ; Desert Manor Care Center LP ; Fredericka Manor Care Center, Inc.; Kingsley Manor Care Center, Inc. ; Manor Care of Citrus Heights CA, LLC; Manor Care of Fountain Valley CA, LLC; Manor Care of Sunnyvale CA, LLC; Manor Care of Hemet CA, LLC ; Manor Care of Palm Desert CA, LLC ; Manor Care Health Services—Tice Valley; Manor Care of Rancho Bernardo CA, LLC; Pine Manor Care Home, Inc.; Pleasant Manor Care Homes, Inc. ; Walnut Manor Care Center, Inc. ; Valencia Manor Care, Inc.; Villa Manor Care Center, Inc. ; Ashley Manor Care Centers, Inc.; Berkley Manor Care Center, Inc. ; CCF—Manor Care, LLC; Columbine Manor Care Center, Inc. ; Grace Manor Care Center, a/k/a Burlington Nursing Home, LLC ; HRC Manor Care Medical Services of Florida, Inc.; Laurel Manor Care Center, Inc. ; Manor Care Health Services—Boulder, a/k/a ManorCare Health Services, Incorporated, f/k/a ManorCare Health Services of Colorado; Manor Care Health Services—Denver, a/k/a ManorCare Health Services, Incorporated; Valley Manor Care Center, Inc.; Wheatridge Manor Care Center; Pilgrim Manor Care Center, Inc.; Westfield Manor Care Center, Inc.; Manor Care Health Services—Pike Creek; Manor Care Health Services—Wilmington; Manor Care of Boca Raton, Inc., a/k/a Manor Care of Boca Raton FL, LLC; Manor Care of Boynton Beach, Inc., a/k/a ManorCare Services of Boynton Beach FL, LLC; Manor Care of Brevard, Inc. ; Manor Care of Broward, Inc.; Manor Care—Carrollwood of Tampa FL, LLC, a/k/a ManorCare Health Services-Carrollwood of Tampa Florida; Manor Care of Delray Beach FL, LLC, a/k/a ManorCare Health Services—Delray ; Manor Care of Dunedin FL, LLC; Manor Care of Fort Myers, Inc., a/k/a ManorCare Health Services of Fort Myers, Inc.; Manor Care—Lely Palms of Naples FL (SH), LLC; Manor Care of Palm Harbor FL, LLC, a/k/a ManorCare Health Services—Palm Harbor ; Manor Care of Plantation, Inc., a/k/a ManorCare Health Services of Plantation, Inc.; Manor Care of Sarasota, Inc., a/k/a ManorCare Nursing Center of Sarasota FL, LLC; Manor Care of Venice FL, LLC; Manor Care of West Palm Beach FL, LLC, a/k/a ManorCare Health Services—West Palm Beach ; Manor Care of Winter Park FL, LLC, a/k/a ManorCare Health Services—Winter Park; Manor Care Health Services of Georgia, Inc.; GCI Valley Manor Care Health Center; Manor Care of Covington, LLC; Manor Care of Marietta GA, LLC, a/k/a ManorCare of Marietta Nursing and Rehab; Manor Care Rehabilitation Center of Decatur GA, LLC, a/k/a ManorCare Nursing and Rehab Center—Decatur, a/k/a ManorCare Health Services—Decatur; Manor Care of Arlington Heights IL, LLC, a/k/a ManorCare Health Services—Arlington Heights; Manor Care of Champaign IL, LLC, a/k/a ManorCare Health Services—Champaign; Manor Care of Elgin IL, LLC; Manor Care of Elk Grove Village IL, LLC, a/k/a ManorCare Health Services—Elk Grove Village ; Manor Care of Highland Park IL, LLC, a/k/a ManorCare of Highland Park; Manor Care of Hinsdale IL, LLC, a/k/a ManorCare of Hinsdale; Manor Care of Homewood IL, LLC, a/k/a ManorCare Health Services—Homewood; Manor Care of Kankakee IL, LLC, a/k/a ManorCare Health Services—Kankakee ; Manor Care of Libertyville IL, LLC, a/k/a ManorCare Health Services—Libertyville ; Manor Care of Naperville IL, LLC, a/k/a ManorCare Health Services—Naperville ; Manor Care of Northbrook IL, LLC, a/k/a ManorCare Health Services—Northbrook ; Manor Care of Oak Lawn (East) IL, LLC, a/k/a ManorCare Health Services—Oak Lawn East; Manor Care of Oak Lawn (West) IL, LLC; Manor Care Health Services—Skokie IL; Manor Care of Palos Heights (East) IL, LLC; Manor Care of Palos Heights (West) IL, LLC; Manor Care of Rolling Meadows IL, LLC; Manor Care of South Holland IL, LLC; Manor Care of Westmont IL, LLC; Manor Care of Wilmette IL, LLC; Rutledge Manor Care Home, Inc.; Manor Care—Anderson, Indiana; Manor Care of Prestwick Avon IL, LLC, a/k/a ManorCare Health Services—Prestwick; Manor Care Health Services—Summer Trace; Manor Care Health Services—Indy South; Manor Care of Cedar Rapids IA, LLC, a/k/a ManorCare Health Services—Cedar Rapids ; Manor Care of Davenport IA, LLC, a/k/a ManorCare Health Services—Davenport ; Manor Care of Dubuque IA, LLC, a/k/a ManorCare Health Services—Dubuque ; Manor Care of Waterloo IA, LLC, a/k/a ManorCare Health Services—Waterloo ; Manor Care of West Des Moines IA, LLC, a/k/a ManorCare Health Services—West Des Moines ; Manor Care of Utica Ridge IA, LLC, a/k/a ManorCare Health Services—Utica Ridge ; Greenwood ManorCare Center, Inc.; Linn ManorCare Center, Inc.; Northbrook ManorCare Center, Inc.; Tabor ManorCare Center Inc.; ManorCare Health Services of Kansas Inc.; Manor Care of Overland Park Kansas, LLC, a/k/a ManorCare Health Services—Overland Park ; Manor Care of Wichita Kansas, LLC, a/k/a ManorCare Health Services—Wichita ; ManorCare of Kentucky, Inc.; ManorCare of Mt. Holly, Inc.; Woodcrest Manor Care Center, Inc. ; ManorCare of St. Matthews Manor, Inc.; ManorCare Health Services—Bethesda, a/k/a Manor Care of Bethesda MD, LLC, f/k/a Manor Care of Bethesda Inc. ; ManorCare Health Services—Chevy Chase, a/k/a Manor Care of Chevy Chase MD, LLC ; ManorCare Health Services—Dulaney, a/k/a Manor Care—Dulany MD, LLC; ManorCare Foundation Inc., a/k/a HCR ManorCare Foundation Inc. ; ManorCare Health Services—Largo, a/k/a Manor Care of Largo MD, LLC, f/k/a Manor Care of Largo Inc. ; ManorCare Health Services—Potomac, a/k/a Manor Care of Potomac MD, LLC; ManorCare Health Services—Roland Park, a/k/a Manor Care—Roland Park; ManorCare Health Services—Rossville, a/k/a Manor Care—Rossville MD, LLC; ManorCare Health Services—Ruxton, a/k/a Manor Care Ruxton MD, LLC; ManorCare Health Services—Silver Spring, a/k/a Manor Care of Silver Spring MD, LLC; ManorCare Health Services—Towson, a/k/a Manor Care of Towson, LLC; ManorCare Health Services—Wheaton, a/k/a Manor Care of Wheaton MD, LLC; ManorCare Health Services—Woodbridge Valley ; Arbor Manor Care Center, Inc.; Country Manor Care Center, Inc. ; ManorCare Nursing and Rehabilitation Center; Columbia Manor Care Center, Inc. ; Grandview Manor Care Center, Inc.; Kirksville Manor Care Center, Inc. ; Labelle Manor Care Center, Inc. ; ManorCare Health Services—Florissant, a/k/a Manor Care of Florissant MO, LLC; ManorCare Health Services—Springfield, a/k/a Manor Care of Springfield MO, LLC ; Redwood Manor Care Center, Inc. ; ManorCare Health Services—Reno, a/k/a Manor Care of Reno NV, LLC; ManorCare Health Services—Wingfield Hills, a/k/a Manor Care of Wingfield Hills NV, LLC; Riverview Manor Care Center, Inc. ; King Manor Care and Rehabilitation Center, Inc.; ManorCare Health Services—Cherry Hill, a/k/a Manor Care of Cherry Hill NJ, LLC; ManorCare Health Services—Mountainside; ManorCare Health Services—New Providence, a/k/a Manor Care of New Providence NJ, LLC; ManorCare Health Services—Voorhees, a/k/a Manor Care of Voorhees NJ, LLC; ManorCare Health Services—Washington Township, a/k/a Manor Care of Washington Township NJ, LLC; ManorCare Health Services—West Deptford, a/k/a Manor Care of West Deptford NJ, LLC; Stratford Manor Care and Rehabilitation Center, Inc.; ManorCare Health Services—Pinehurst, a/k/a Manor Care of Pinehurst, Inc., a/k/a Manor Care of Pinehurst NC, LLC; Manor Care of Fargo ND, LLC, a/k/a ManorCare Health Services—Fargo ; Manor Care of Minot ND, LCL, a/k/a ManorCare Health Services—Minot ; HRC ManorCare Properties, LLC; HRC Manor Care Foundation Inc.; Hillcrest Manor Care Center, Inc.; Manor Care of America, Inc.; Manor Care of Akron OH, LLC, a/k/a ManorCare Health Services—Akron ; Manor Care—Belden Village of Canton OH, LLC, a/k/a ManorCare Health Services—Belden Village of Canton; ManorCare Health Services—Barberton ; Manor Care of Centerville, Inc., a/k/a Heartland of Centerville, a/k/a HRC ManorCare—Centerville; Manor Care—Euclid Beach of Cleveland OH, LLC, a/k/a ManorCare Health Services—Euclid Beach ; ManorCare Services—Lake Shore, a/k/a Manor Care at Lake Shore; Manor Care Mt. Airy, a/k/a Heartland of Mt. Airy ; Manor Care of Mayfield Heights OH, LLC, a/k/a ManorCare Health Services—Mayfield Heights ; Manor Care of North Olmstead OH, LLC, a/k/a ManorCare Health Services—North Olmstead; Manor Care of Parma OH, LLC, a/k/a ManorCare Health Services—Parma; Manor Care Properties, Inc.; ManorCare Health Services—Rocky River, a/k/a Manor Care of Rocky River OH, LLC; Manor Care at Sycamore Glenn; Manor Care of Westerville OH, LLC, a/k/a ManorCare Health Services—Westerville; Manor Care of Willoughby OH, LLC, a/k/a ManorCare Health Services—Willoughby ; Oakhill Manor Care Center, Inc. Def; Pickaway Manor Care Center, Inc.; Manor Care of Midwest City OK, LLC, a/k/a ManorCare Health Services—Midwest City; Manor Care of Oklahoma City (Northwest), LLC, a/k/a ManorCare Health Services—Northwest; Manor Care of Oklahoma City (Southwest), LLC, a/k/a ManorCare Health Services—Southwest ; Manor Care of Tulsa OK, LLC, a/k/a ManorCare Health Services—Tulsa ; Devon Manor Corporation, a/k/a Manor Care at Devon; Manor Care of Allentown PA, LLC, a/k/a ManorCare Health Services—Allentown ; Manor Care of Bethel Park PA, LLC, a/k/a ManorCare Health Services—Bethel Park ; Manor Care of Bethlehem PA (2021), LLC, a/k/a ManorCare Health Services—Bethlehem (2021); Manor Care of Bethlehem PA (2029), LLC, a/k/a ManorCare Health Services—Bethlehem (2029); Manor Care of Camp Hill PA, LLC, a/k/a ManorCare Health Services—Camp Hill ; Manor Care of Carlisle PA, LLC, a/k/a ManorCare Health Services—Carlisle ; Manor Care of Chambersburg PA, LLC, a/k/a ManorCare Health Services—Chambersburg ; Manor Park of Dallastown PA, LLC, a/k/a ManorCare Health Services—Dallastown, a/k/a ManorCare Health Services—Camp Hill ; Manor Care of Easton PA, LLC, a/k/a ManorCare Health Services—Easton ; Manor Care of Elizabethtown, LLC, a/k/a ManorCare Health Services—Elizabethtown; Manor Care—Greentree of Pittsburgh PA, LLC, a/k/a ManorCare Health Services—Greentree ; Manor Care Health Services—Harrisburg, a/k/a Manor Healthcare Corp.; Manor Care of Huntingdon Valley PA, LLC, a/k/a ManorCare Health Services—Huntington Valley; Manor Care of Jersey Shore PA, LLC, a/k/a ManorCare Health Services—Jersey Shore ; Manor Care King of Prussia PA, LLC, a/k/a ManorCare Health Services—King of Prussia ; Manor Care of Kingston PA, LLC, a/k/a ManorCare Health Services—Kingston ; Manor Care—Kingston Court of York PA, LLC, a/k/a ManorCare Health Services—Kingston Court; Manor Care of Lancaster PA, LLC, a/k/a ManorCare Health Services—Lancaster ; Manor Care Lansdale of Montgomery PA, LLC, a/k/a ManorCare Health Services—Lansdale ; Manor Care of Laureldale PA, LLC, a/k/a ManorCare Health Services—Laureldale ; Manor Care of Lebanon PA, LLC, a/k/a ManorCare Health Services—Lebanon ; Manor Care of McMurray PA, LLC, a/k/a ManorCare Health Services—McMurray ; Manor Care of Monroeville PA, LLC, a/k/a ManorCare Health Services—Monroeville ; Manor Care of Platteville WI, LLC; Manor Care of Shawano (East) WI, LLC; Manor Care of Shawano (West) WI, LLC; HCR ManorCare, Defendants.
CourtU.S. Court of Appeals — Fourth Circuit

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