05/17/2012 (7:28 am)
RehabCare Group accused of paying kickbacks
The U.S. Justice Department has accused RehabCare Group Inc. of paying more than $10 million in kickbacks to gain access to Medicare and Medicaid patients in Missouri nursing homes.
According to a civil lawsuit transferred last week to U.S. District Court in St. Louis, Clayton-based RehabCare began making payments in 2006 to induce a Missouri nursing home chain to grant RehabCare a contract to provide therapy services.
RehabCare’s revenue-sharing arrangement with the nursing home owner — Sikeston, Mo.-based Health Systems Inc. — defrauded the federal Medicare and Medicaid programs of millions of dollars, federal investigators allege.
Justice Department officials use the federal anti-kickback statute, which forbids paying others for referrals of Medicare and Medicaid patients, as a critical tool in fighting health care fraud and holding down costs in federal health programs.
The lawsuit, originally filed under seal by a whistleblower in Minnesota and joined last year by the U.S. government, provides details of a long-running federal probe into RehabCare’s business dealings in Missouri.
RehabCare lawyers say the government’s accusations do not contain sufficient details to support the accusation that the revenue-sharing scheme comprised illegal kickbacks.
“The government’s substantive kickback allegations – absent the conclusory allegations, legal conclusions and innuendo – are rather threadbare,” RehabCare’s lawyers said in court papers.
Named as defendants are RehabCare Group, Health Systems Inc., and its affiliate, Rehab Systems of Missouri LLC, which previously provided therapy services to Health Systems nursing homes. No individuals are named.
Until recently, Clayton was the headquarters for RehabCare. Last year, RehabCare was purchased by Louisville-based Kindred Healthcare Inc.
“We deny and intend to vigorously defend against these allegations,” Susan Moss, a Kindred spokeswoman, said in a written statement.
Scott Hinkle, general counsel for Health Systems, declined to comment on the pending litigation.
According to federal investigators, the alleged kickbacks involved a tangled web of ownership and lucrative business ties. RehabCare “has received in excess of $70 million in revenue from the transaction since it closed in 2006,” according to the government’s complaint.
Investigators from the FBI and Office of Inspector General at the Department of Health and Human Services say that RehabCare crafted an illegal arrangement with Health Systems and Rehab Systems. The deal, investigators allege, included a one-time, $600,000 payment from RehabCare to Rehab Systems, as well as an ongoing 30 percent cut of federally financed therapy services, which was split between Health Systems and Rehab Systems.
RehabCare, in exchange, was granted a five-year contract to provide therapy services to nursing home patients of Health Systems.
In all, Rehab Systems recorded profits of more than $10 million from the nursing home contract, even though the limited liability company “has not had a single full-time employee … conducts no operations … and provides nothing of value to the nursing homes and no legitimate services to RehabCare,” investigators allege.
Talks between the three companies started in 2003. Seeking to increase its market share in Missouri nursing homes, RehabCare entered negotiations that included purchasing Rehab Systems from Health Systems, which was owned by James Lincoln. Lincoln also had an ownership stake in Rehab Systems.
According to the government, those talks stalled when negotiators voiced concerns that the deal could violate the anti-kickback law. That’s because RehabCare’s five-year contract with Health Systems was made contingent on its willingness to also purchase Rehab Systems.
In 2006, the parties agreed to a contract that did not involve an acquisition. RehabCare began providing therapy services to Health Systems’ nursing homes, effectively displacing Rehab Systems — but only on the condition that Rehab Systems get a cut of RehabCare’s revenue, even while Rehab Systems did none of the work, investigators allege.
According to court papers, Lincoln owns about 60 nursing homes in Missouri. Rehab Systems was co-owned by Lincoln, his son Jimmy Lincoln, and manager Tom Hudspeth.
In February 2006, RehabCare made a one-time payment of about $600,000 to Rehab Systems, federal investigators allege. The payment “created a financial windfall to Hudspeth,” who had a financial stake in Rehab Systems, but no ownership stake in Health Services or the nursing homes, investigators say.
They also say that RehabCare charged Health Systems only 70 percent of the Medicaid reimbursement amount — while Health Systems billed the government for the full amount. Health Systems and Rehab Systems split the difference of the remaining 30 percent.
Justice Department officials say that the $600,000 payment and the profit received by Rehab Systems amount to illegal kickbacks. Federal law forbids the payment or acceptance of “any renumeration” for referrals of patients for federal health care services.
In court papers, RehabCare lawyers acknowledged that the company made a payment to Rehab Systems, but differed over the amount. The company paid a $405,765 “recruiting fee” to Rehab Systems, and insist that the payment represents “reasonable consideration and fair market value,” the company’s lawyers assert in court records.
The case began in 2007 as a whistleblower lawsuit, filed under seal by a RehabCare competitor, Minnesota-based Health Dimensions Rehabilitation Inc. RehabCare has contracts with about 50 nursing homes in Minnesota.
After conducting an investigation, the Justice Department decided in December to join the lawsuit. The case was transferred to St. Louis because most of the relevant events took place in Missouri and key witnesses are located here.
The suit accuses RehabCare and the other defendants of filing false Medicare and Medicaid claims and of making or using false records or statements to support those claims. The Justice Department has asked for the defendants to pay treble damages plus civil penalties of as much as to $50,000 per every false claim. But the outcome of such cases is usually a settlement.
“There were many claims filed,” said Assistant U.S. Attorney Chad Blumenfield of Minneapolis.
He said that one purpose of the anti-kickback statute is to control costs by discouraging the payment of referral fees for health services. It also encourages providers to make health care decisions “based on what’s in the best interest of patients, rather than the best financial interests of the nursing home or the therapy company.”
Cash advance loans and online payday loans available today. Apply now and receive up to $1500 no teletrack cash advance in as little as 1 hour, direct lenders.