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Dialysis Discussion => Dialysis: News Articles => Topic started by: okarol on May 27, 2011, 01:59:10 AM

Title: Fresenius Ordered to Pay $82.6 Million in Overbilling Case
Post by: okarol on May 27, 2011, 01:59:10 AM

Fresenius Ordered to Pay $82.6 Million in Overbilling Case


Thursday, May 26, 2011

May 26 (Bloomberg) -- Fresenius Medical Care AG, the world's biggest provider of kidney dialysis, was ordered by a judge to pay $82.6 million to resolve a lawsuit by the U.S. government and whistleblowers that it overbilled Medicare.

Fresenius must pay trebled damages of $38.9 million under the False Claims Act and statutory penalties of $43.7 million, U.S. District Judge William J. Haynes ruled yesterday in Nashville, Tennessee. The decision was made public today.

The lawsuit claimed that two companies now owned by Fresenius, Renal Care Group and Renal Care Group Supply Co., overbilled Medicare between 1999 and 2005 for home support dialysis supplies. RCG, a dialysis facility, violated Medicare statutes by billing for home dialysis supplies when it should have billed at the lower rate for clinics, the U.S. claimed.

Terry Morris, a spokeswoman for Fresenius, based in Bad Homburg, Germany, said the company just received the decision and would issue a statement.

"By the imposition of trebled damages and statutory penalties, it demonstrates the deterrent effect of whistleblower cases," said plaintiffs' attorney Eric Young, of Blue Bell, Pennsylvania. "It should put all defendants on notice that if they commit Medicare fraud, there will be serious consequences."

Two Whistleblowers

Young represents the two whistleblowers in the case, Julie Williams and Dr. John Martinez. In 2005, they sued under the False Claims Act, which lets private citizens sue on behalf of the government and share in any recovery. The U.S. Attorney's Office in St. Louis joined the case in 2007 and continued to work on it after it was transferred to Nashville.

In March 2010, Haynes ordered Fresenius to pay $19.4 million. The company asked the 6th U.S. Circuit Court of Appeals to overturn that ruling. That court dismissed the appeal. The government then asked Haynes to impose trebled damages and maximum penalties of $11,000 for each allowable claim under the False Claims Act.

In his ruling, Haynes granted that motion, reducing the overpayment damages from $19.4 million to $12.9 million, which he tripled. He also said the company falsely billed for 3,979 patients over four years.

The case is Williams v. Renal Care Group, 09-cv-738, U.S. District Court, Middle District of Tennessee (Nashville).

--Editors: Stephen Farr, Andrew Dunn.



Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2011/05/26/bloomberg1376-LLTLUY6VDKHV01-0UI54Q94LEBEIE4MKUPU9QN0RJ.DTL#ixzz1NXdMzkUs
Title: Re: Fresenius Ordered to Pay $82.6 Million in Overbilling Case
Post by: greg10 on May 27, 2011, 05:21:50 AM

Fresenius Ordered to Pay $82.6 Million in Overbilling Case


Thursday, May 26, 2011

May 26 (Bloomberg) -- Fresenius Medical Care AG, the world's biggest provider of kidney dialysis, was ordered by a judge to pay $82.6 million to resolve a lawsuit by the U.S. government and whistleblowers that it overbilled Medicare.

Fresenius must pay trebled damages of $38.9 million under the False Claims Act and statutory penalties of $43.7 million, U.S. District Judge William J. Haynes ruled yesterday in Nashville, Tennessee. The decision was made public today.

The lawsuit claimed that two companies now owned by Fresenius, Renal Care Group and Renal Care Group Supply Co., overbilled Medicare between 1999 and 2005 for home support dialysis supplies. RCG, a dialysis facility, violated Medicare statutes by billing for home dialysis supplies when it should have billed at the lower rate for clinics, the U.S. claimed...
Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2011/05/26/bloomberg1376-LLTLUY6VDKHV01-0UI54Q94LEBEIE4MKUPU9QN0RJ.DTL#ixzz1NXdMzkUs
Thank you for posting this.
Here is a discussion about Renal Care Group and its founder Dr. John Bower.
http://ihatedialysis.com/forum/index.php?topic=21658.msg357983#msg357983

Another one about Leif Murphy, CEO of DSI who was an executive vice president with RCG  (Renal Care Group) back in 2004-2005 when RCG sold out to FMC.
http://ihatedialysis.com/forum/index.php?topic=21882.msg360321#msg360321
Title: Re: Fresenius Ordered to Pay $82.6 Million in Overbilling Case
Post by: noahvale on May 27, 2011, 11:55:51 AM
^^
Title: Re: Fresenius Ordered to Pay $82.6 Million in Overbilling Case
Post by: greg10 on May 27, 2011, 12:08:54 PM
Note: Since you have decided to make your thoughts known on two threads, I will include mine as well...
You seem to have problems with other people's writings.  I made no representation about Dr. Bower's involvement with RCG.  I attached the thread so that anyone interested can read for themselves, including those that contributed, which including a lot of your writing.
Title: Re: Fresenius Ordered to Pay $82.6 Million in Overbilling Case
Post by: noahvale on May 27, 2011, 12:12:05 PM
^^
Title: Re: Fresenius Ordered to Pay $82.6 Million in Overbilling Case
Post by: greg10 on May 27, 2011, 12:28:27 PM
What, may I ask, are the "unsubstantiated and uninformed accusations"?
Just by pointing an url is making an accusation?
Should we all stop posting all together when noahvale thinks there is a problem when posting an url?

Dr. Bower was the founder of RCG, period.  This story involved RCG from that time, 1995, 1996 when RCG and RCGS were founded or soon afterwards.

If that's the case, then why also post it under the "Dialysis Pioneer" thread?  Because that is where you decided to questions Dr. Bower's intentions as well?

I have a  problem with other people's writings only when they make unsubstantiated and uninformed accusations.

Note: Since you have decided to make your thoughts known on two threads, I will include mine as well...
You seem to have problems with other people's writings.  I made no representation about Dr. Bower's involvement with RCG.  I attached the thread so that anyone interested can read for themselves, including those that contributed, which including a lot of your writing.
Title: Re: Fresenius Ordered to Pay $82.6 Million in Overbilling Case
Post by: noahvale on May 27, 2011, 12:49:27 PM
^^