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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.”

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Apple is the world’s most valuable company. The Dow Jones industrial average is probably the world’s best-known stock index. So don’t they deserve each other?

If Apple had been added to the Dow in June 2009, the last time there were serious rumors that it would happen, the average would be about 2,500 points higher than it is today. It would also be well above its all-time high.

That’s the calculation of Paul Hickey of Bespoke Investment Group, which crunches numbers about the markets guaranteed online personal loans. He says the Dow would be at 15,360, about 1,200 points above its record.

Dow Jones Indexes, which maintains the average, says its purpose is to reflect the broad economy _ not pick the hottest stocks.

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Economic turbulence has shrunk the market for business jets, and it’s causing an especially bumpy ride for Hawker Beechcraft.

The Wichita, Kan.-based aircraft maker filed for bankruptcy protection this week, seeking approval for a plan that would write an estimated $2.5 billion in debt off its books and eliminate almost $125 million in annual cash interest expenses.

Hawker Beechcraft Corp., which is owned by Onex Partners and GS Capital Partners, a Goldman Sachs private equity fund, has struggled with the sluggish business jet market more than other plane makers because it was purchased in a highly-leveraged deal at the peak of the general aviation market, just before the market tanked.

“It is one badly damaged firm, in a badly damaged market segment _ just a unique set of circumstances,” said Richard Aboulafia, an aviation analyst with Teal Group, a Fairfax, Va.-based aerospace and defense analysis company.

The economic downturn that began in late 2008 hit business jet makers especially hard, as corporate customers that were lining up for their own planes earlier in the decade began looking for ways to trim fat. The public outrage that Detroit auto executives took private jets to Washington seeking bailout money that November reinforced the planes’ image as a symbol of corporate excess. Two months later, the White House pressured Citigroup to cancel the planned delivery of a jet.

Wichita, the self-proclaimed “Air Capital of the World,” is the home of major manufacturing plants not only for Hawker Beechcraft but also for Boeing, Spirit AeroSystems, Cessna, Bombardier and more than a hundred smaller aircraft suppliers. But the business jet segment of industry has struggled as its sales sunk by 56 percent during a global economic downturn. Another blow for Wichita came earlier this year when Boeing announced it was closing its defense plant in Wichita.

“Frankly, given what Wichita has been through, this is unpleasant but relatively small,” Aboulafia said.

More than 13,000 aircraft workers here have lost their jobs since the 2008 start of the Great Recession, which pummeled sales of the small and mid-size business jets made by three of Wichita’s major manufacturing facilities.

“This is definitely another blow, another nail in this situation we have been going through and it is definitely not good news,” said Jeremy Hill, director for The Center for Economic Development and Business Research at Wichita State University.

Since its founding with the highly-leveraged 2007 purchase of Raytheon’s former aircraft unit, Raytheon Aircraft, Hawker Beechcraft has carried a heavy debt burden, reporting a total debt of $2.3 billion at the end of 2011, according to its annual statement to the Securities and Exchange Commission.

Hawker Beechcraft will likely emerge from bankruptcy keeping a majority of its business, although one or two of its product lines could be shut down, Aboulafia said.

“This is a company with good products and a good name,” he said. “They just happen to be carrying a lot of debt and they are going to have to make some tough choices about what they are going to do next.”

In 2009, Hawker delivered 98 business jets. Deliveries plummeted to 51 last year. It has stopped making its Hawker 400XP until demand improves, according to a filing last month.

Hawker Beechcraft sold $2.3 billion worth of business and general aviation planes in 2009. Last year those sales were almost $1 billion lower.

There’s little reason to buy a new jet right now. There are more than 4,000 used business planes on the market right now, said Gordon Blalock, vice president for sales at Omni International Jet Trading. “The market’s so depressed,” he said. “We’re seeing some of these airplanes selling for less than 50 percent of what they sold for brand new.” Several years ago, some planes actually appreciated in value because demand was so high, he said.

Cai von Rumohr, an analyst at Cowen and Co., said Hawker Beechcraft’s financial problems have made it harder to sell jets in the down market, because jet owners want to know that the company that built its plane will be around to service it and make parts.

“They have been losing share in the (business jet) market,” he said. “The crisis of confidence among their customers has been an issue.”

The company also makes trainers and other small planes for the military, but civilian planes are still 56 percent of its revenue, compared to 27 percent for military planes. Hawker has delivered more than 700 T-6 trainers, most of them to the U.S. Air Force and Navy. But that contract is winding down. Hawker is trying to sell a light attack version of that plane to the Air Force, which is reconsidering its initial pick of a competing plane.

For Wichita as well as Kansas, the stakes in the future of Hawker Beechcraft and the aviation industry are high.

Aircraft sales comprise the state’s number one export, accounting for a third of the products it makes, Hill said. In 2008, aerospace accounted for $4.3 billion of Kansas exports _ a number which plummeted to $2.1 billion by 2010. Kansas used to be the sixth largest city among U.S. aviation exporters in 2008, dropping to tenth by 2010.

Hawker Beechcraft employs some 7,400 people, with roughly 4,700 working at its Wichita facility. It also has factories in Little Rock, Ark., Britain and Mexico, as well as more than 100 service centers worldwide.

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MONTREAL

A surprisingly big rebound in a closely watched U.S. manufacturing survey continued to shore up markets Wednesday, particularly in continental Europe where traders returned to their desk after the May Day public holiday to the news that Dow Jones industrial average closed at its highest level in five years.

The Institute for Supply Management reported that U.S. manufacturing expanded last month at its strongest pace since June, with orders, hiring and production all up. That news came on top of a similar report out of China, the world’s No. 2 economy and has helped boost optimism about the state of the global economy, despite the ongoing debt-related problems in much of Europe.

“Just as I am getting really concerned about the depths of Europe’s economic slowdown, and the lack of policy measures to combat it, global financial markets have a spring in their step thanks to better surveys in the U.S. and elsewhere,” said Kit Juckes, an analyst at SG Securities.

In Europe, Germany’s DAX was up 0.8 percent at 6,810 while the CAC-40 in France rose 1.2 percent to 3,250. The FTSE 100 index of leading British shares, which was open Tuesday and reacted to the ISM upside rise unlike its counterparts in Frankfurt and Paris, was down 0.3 percent at 5,793.

Wall Street was poised for further modest gains, a day after the Dow Jones industrial average closed at its highest mark since 2007 _ both Dow futures and the S&P 500 futures were up 0.1 percent.

The focus over the rest of the week is likely to center on the U.S. economy in the run-up to Friday’s release of March nonfarm payrolls data _ the figures often set the market tone for a week or two after their release payday loan.

Later Wednesday, investors will have the monthly private payrolls report from ADP to assess. The ADP figures often provide a guide toward the actual government report.

“A strong reading would follow on nicely from yesterday’s data, and would set the stage for a positive report on Friday,” said Chris Beauchamp, market analyst at IG Index.

In the currency markets, the euro was giving up some recent gains and trading 0.8 percent lower at $1.3136 as figures showed the parlous state of the eurozone economy. Eurostat, the EU’s statistics office, reported that unemployment across the 17-country eurozone rose to 10.9 percent in March, its highest level since the euro was launched in 1999.

Earlier in Asia, Japan’s Nikkei 225 rose 0.7 percent to close at 9,380.25 after a sharp tumble the day before. Hong Kong’s Hang Seng gained 1 percent to 21,309.08.

Mainland Chinese shares advanced after authorities said that China’s two stock exchanges would cut fees charged for trading yuan-denominated shares by 25 percent from June 1. The benchmark Shanghai Composite Index rose 1.8 percent to 2,438.44 and the Shenzhen Composite Index gained 1.7 percent.

Benchmark oil for June delivery was down 34 cents to $105.82 per barrel in electronic trading on the New York Mercantile Exchange.

____

Pamela Sampson in Bangkok contributed to this report.

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ORLANDO, FLA.

Anheuser-Busch continues to roll out new barrels in this spring full of new product launches.

Next up? Bud Light Lime-A-Rita, the brewery’s take on that classic cocktail. It “blends the flavor of an authentic margarita with a refreshing splash of Bud Light Lime,” says A-B, and at 8 percent alcohol by volume, it’s got a little kick to it.

Like Michelob Ultra Light Cider, Lime-A-Rita’s another bid by A-B to capture the sweeter palates of today’s younger, more spirits-oriented drinkers Payday Loan for Bad Credit. Like Bud Light Platinum, it’s also leveraging the name of a strong existing brand.

It’ll hit stores this week. In 8 oz. and 24 oz. cans and 12 ounce bottles. If you’re curious, A-B recommends it straight from the can, or over ice.

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Iraq says oil exports jumped by 15 percent in March compared to the previous month, putting them at the highest level the nation has seen since 1989.

Oil Ministry spokesman Assem Jihad said Sunday that last month’s oil exports averaged 2.31 million barrels a day, up from an average of 2.01 million barrels a day in February.

He added that the sales grossed $8.472 billion, an increase of nearly 28.5 percent from February’s revenues of $6 guaranteed high risk personal loans.595 billion.

The oil was sold to a 28 international oil companies.

Iraq relies on oil exports for 95 percent of its revenues. The increase is attributed to the inauguration of a new export terminal in the Persian Gulf last month.

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Germany’s ZEW survey of investor optimism unexpectedly rose in April for a fifth straight month in another upbeat sign for Europe’s biggest economy despite recurring turmoil from the debt crisis hitting the 17 countries that use the euro.

The survey’s index, released Tuesday, rose to 23.4 from 22.3 in March. Analysts had expected a dip to 19.0, with some predicting a figure as low as 15.0.

The upbeat views run counter to the recent concern about bond market pressure on Spain and Italy, and were gathered from 275 financial experts between April 2 and April 16, during which the interest rate on those countries’ bonds rose _ a sign of financial distress.

Germany’s economy, driven by strong exports to Asia and North American, is expected to outpace the eurozone economy as a whole this year. The Bundesbank, the country’s national central bank, forecasts growth of 0.6 percent this year and 1.8 percent next year.

The eurozone economy as a whole is expected to shrink by 0.3 percent, according to estimates by the European Union’s executive commission.

Cutbacks in government spending in indebted countries including Greece, Ireland, Portugal, Spain and Italy are weighing on growth and boosting unemployment in large parts of the shared currency bloc.

ZEW President Wolfgang Franz said the data for Germany showed that “financial market experts have maintained their positive outlook for the next half year. “

He said the small size of the increase suggested that optimism was beginning to run up against concerns about possible risks. “The fact that the indicator is running in place shows, however, that the optimism about the real economy has been held back by significant risks, such as for example cyclical weakness of important trade partners and the debt crisis in the eurozone.”

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