2 unchanged sentences
Department of Justice and other government entities regarding various Medicare and Medicaid issues.
−Removed: In addition to the matters discussed below, we are currently responding to subpoenas and administrative demands concerning (a) certain emergency care services provided at one of our Texas hospitals and (b) billing for certain procedures provided to dual-eligible patients at one of our Arkansas hospitals.
+Added: In addition to the matters discussed below, we are currently responding to subpoenas and administrative demands concerning (a) certain emergency care services provided at one of our Texas hospitals;
+Added: (b) billing for certain behavioral health services performed at one of our Arkansas hospitals;
+Added: and (c) billing for certain therapeutic drugs at a physician practice affiliated with one of our Pennsylvania hospitals.
In addition, we are subject to other claims and lawsuits arising in the ordinary course of our business including lawsuits and claims related to billing and collection practices at our hospitals.
2 unchanged sentences
Settlements of suits involving Medicare and Medicaid issues routinely require both monetary payments as well as corporate integrity agreements.
−Removed: Additionally, qui tam or “whistleblower” actions initiated under the civil False Claims Act, or FCA, may be pending but placed under seal by the court to comply with the FCA’s requirements for filing such suits.
+Added: Additionally, qui tam or “whistleblower” actions initiated under the FCA may be pending but placed under seal by the court to comply with the FCA’s requirements for filing such suits.
In September 2014, the Criminal Division of the U.S.
14 unchanged sentences
The Company filed a motion to dismiss the consolidated class complaint on March 23, 2020, and the District Court denied that motion on August 17, 2022.
−Removed: We believe this matter is without merit and are vigorously defending this case.
+Added: We have reached a tentative settlement of this matter, which is subject to the Court’s approval.
+Added: The hearing to determine the Court’s preliminary approval of the settlement has not yet been set.
Padilla Derivative Litigation .
26 unchanged sentences
The United States has declined to intervene in the case.
−Removed: We filed a motion to dismiss on November 23, 2021.
+Added: We filed a motion to dismiss on November 23, 2021, which the District Court granted without prejudice on January 24, 2023.
+Added: The relator filed a First Amended Complaint on February 14, 2023, our response to which was filed on February 28, 2023.
That motion is pending.
17 unchanged sentences
On October 4, 2022, Tower Health filed a Rule 59 motion to alter or amend the District Court’s judgment and a Rule 15 motion to amend its pleadings.
−Removed: The Company expects to oppose the motions.
+Added: The Company has filed oppositions to both motions and has separately moved for its attorney’s fees.
+Added: All three motions are pending.
We believe Tower Health’s post judgment motions are without merit and are vigorously defending this case.
6 unchanged sentences
We filed a motion to dismiss on January 14, 2022, and oral argument on that motion was heard on July 21, 2022.
−Removed: That motion is still pending.
+Added: On March 16, 2023, the District Court granted in part and denied in part our motion to dismiss.
We believe these claims are without merit and will vigorously defend this case.
+Added: Cybersecurity Event
+Added: As previously disclosed on a Current Report on Form 8-K filed by us on February 13, 2023, Fortra, LLC, a third-party vendor that provides a secure file transfer software platform utilized by our subsidiaries experienced a security breach whereby Protected Health Information (“PHI”) (as defined by HIPAA) and Personal Information (“PI”) of certain patients of our healthcare facilities and certain facilities for which we performed services were exposed to Fortra’s attacker.
+Added: Upon receiving notification of the security breach, we promptly launched an investigation, which has now been completed.
+Added: This security breach has had no impact on any of our information systems, and we have not experienced a material interruption of business, including the delivery of patient care.
+Added: With regard to the PHI and PI compromised by the Fortra breach, we currently estimate that approximately one million individuals may have been affected by this attack.
+Added: We have provided notice to substantially all of the individuals affected by this attack, and have offered such individuals two years of credit monitoring and protection.
+Added: We have provided notice of the breach to the Office for Civil Rights, and we are in the process of providing required notices to various State Attorneys General.
+Added: During the three months ended March 31, 2023, we incurred, and we may continue to incur in the future, expenses and losses related to this incident, some of which may not be covered by our cyber/privacy liability insurance policies.
+Added: While we are continuing to measure the impact of this security breach, including certain remediation expenses, existing litigation (as noted below) and/or possible future litigation that may be filed against us in connection with this event and other potential liabilities, this incident has not had, and we do not currently believe this incident will have, a material adverse effect on our business, operations, or financial results.
+Added: We are currently party to two practically identical lawsuits, Kuffrey v.
+Added: Community Health Systems, Inc.
+Added: and CHSPSC, LLC and Martin v Community Health Systems, Inc.
+Added: and CHSPSC, LLC , both filed in the United States District Court for the Middle District of Tennessee, in which the plaintiffs seek to represent a purported class of individuals who are alleged victims of the Fortra breach.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.