No. 19-866

Emmanuel E. Ubinas-Brache v. Surgery Center of Texas, LP

Lower Court: Texas
Docketed: 2020-01-10
Status: Denied
Type: Paid
Response Waived
Tags: anti-kickback-statute healthcare-fraud limited-partnership medicaid medicare partnership-agreement preemption state-contract-law surgical-center
Latest Conference: 2020-02-28
Question Presented (from Petition)

Animated by concerns over fraud and rising costs in federal healthcare reimbursement programs like Medicare and Medicaid, Congress enacted an anti-kickback statute prohibiting renumeration for patient referrals. Here, a Texas limited partnership operating a surgical center expelled one of its surgeon-limited partners for refusing to violate that statute. Applying state contract law, a Texas appellate court deemed this permissible under a provision in the partnership agreement authorizing expulsion "for any reason, or no reason."

The question presented is:

1. Does applying state contract law to enforce a partnership agreement's clause permitting expulsion "for any reason or no reason" obstruct Congress's efforts to control healthcare fraud, such that the anti-kickback statute preempts state law and prohibits expelling a surgeon-limited partner for refusing to violate it?

Question Presented (AI Summary)

Does applying state contract law to enforce a partnership agreement's clause permitting expulsion 'for any reason or no reason' obstruct Congress's efforts to control healthcare fraud, such that the anti-kickback statute preempts state law and prohibits expelling a surgeon-limited partner for refusing to violate it?

Docket Entries

2020-03-02
Petition DENIED.
2020-02-12
DISTRIBUTED for Conference of 2/28/2020.
2020-02-03
Waiver of right of respondent Surgery Center of Texas, LP to respond filed.
2020-01-03
Petition for a writ of certiorari filed. (Response due February 10, 2020)

Attorneys

Dr. Emmanuel Ubinas-Brache, M.D.
Charles E. BaruchJohnston Tobey Baruch, Petitioner
Surgery Center of Texas, LP
Michael S. AlfredHallett & Perrin, P.C., Respondent