http://www.nephronline.com/article.asp?IndexID=221Former execs identified in RCG 'whistleblower' suitNephrology News & IsuesVolume , Issue - 9 2009
by: Mark E. Neumann
A False Claims Act complaint, or "whistleblower" claim, filed in federal court last month identified a former Renal Care Group controller and medical director charging that the dialysis provider employees defrauded Medicare of millions of dollars over a 10-year period.
According to plaintiffs Julie Williams and nephrologist John Martinez, both who left RCG in 2002, RCG paid doctors kickbacks to use more expensive drugs, denied patients needed antibiotics, and overcharged for home dialysis equipment and supplies. Williams was controller and administrator for the company East Texas market, and Martinez began as an independent contractor and then worked as RCG's medical director.
The suit, originally filed in St. Louis in 2005, accuses RCG of creating a subsidiary, RCG Supply, to act as a billing company to allow it to overcharge Medicare for home dialysis equipment and supplies. But federal law prohibits dialysis facilities from billing and supplying home dialysis equipment and supplies to Medicare patients. RCG Supply provided home patients with supplies directly through its facilities, not a third-party supplier, according to the complaint. Martinez and Williams say the company did not, as required, maintain and repair equipment, have an inventory, have a contract with nearby dialysis centers to provide patients with assistance, or pass on the savings it made by buying equipment in bulk.
Renal Care also took undisclosed rebates and bribes from drug companies while charging Medicare full prices, the complaint says. Both Amgen and Abbott Laboratories are named in the suit for aggressively pushing rebates toward RCG doctors so the chain would buy greater supplies of drugs. "RCG waged an aggressive campaign to encourage physicians to prescribe Zemplar," the complaint says.
Fresenius Medical Care bought RCG in 2006 for $3.5 billion. The plaintiffs, on their own behalf and for the U.S., are seeking $10,000 per civil violation, and up to 25% of the settlement or recovery. They are represented by Maurice Graham of Gray, Ritter & Graham in St. Louis.