Dialysis provider Pay-$ 486 million for settlement costs

Fresenius Medical Care AG, the largest national provider of kidney dialysis, said yesterday it would pay $ 486 million for the settlement of the Confederation civil and criminal fraud charge Medicare and other support programs.

Some government officials have said both the civilian settlement of $ 385 million and $ 101 million in criminal fines were the largest in five years a campaign against fraud in connection with blood and other laboratories heather companies.

The campaign has made more than $ 2 billion to the disease-Trust-Fund since 1995, said June Gibbs Brown, general of the Department of Health and Human Services. The oldest settlements include $ 379 million of National Medical Enterprises, a hospital chain $ 325 million from a laboratory unit of Smith Kline Beecham, and $ 255 million First American Health Care, a laboratory with a seat in Georgia .

Fresenius, based in Bad Homburg, Germany, offers services for the purification of the blood of more than 60000 Americans with kidney problems. The royalty payments at issue, government programs, not the quality of care provided to patients.

Ben Lipps, an American, he is CEO of Fresenius, said the company was pleased to see the page in disputes with the Department of Justice, Medicare and Medicaid and government programs Inspector General’s office. Fresenius is still in discussions on payments of its communications with insurance companies, he said.

In the settlement the company agreed court convicted criminal conspiracy with three charging units: Life Chem Laboratories Inc., NMC Home Care Inc. NMC Medical Products Inc.

The three units were charged with conspiracy to defraud the government by paying royalties for food intravenously disputed dialysis patients, charging fees for blood tests is considered unnecessary and a violation of the Anti - Kickback laws, using the payments, discounts, Yacht trips and excursions hunting bears in Alaska to win potential customers for life blood tests Chem.

The government has declared the complaint unit of home care patients wrongly attributed to weight loss of kidney problems. In one case, he said, weight loss, amputation of the leg of a patient misattributed.

Fresenius Three former officials were indicted in Federal District Court in Boston in the investigation. You are K. Glenn Shaw, former chairman; Louis Verde, a former director of products and Eileen B. Aird, former president of the Life Chem.

Margaret S. Telgheder, a former executive of medical products and laboratory, units, convicted of Medicare fraud charges last June. David Charles Weber, former Vice President to medical products, guilty Kickback charges in December 1998. They have not been convicted.

Fresenius”geerbt”die investigation, “said Lipps, when it bought National Medical Care of WR Grace & Company in 1996 for $ 4.4 billion. Mark W. Pearl Stein, first assistant prosecutor USA in Boston, said Fresenius had with investigators.

The company, which had approximately $ 3.6 billion in 1999 revenue, sold the home care. He concluded Chem Life and NMC Medical Products units under the agreement and transfer its functions to society Spectra laboratories of the German unit and the parent company of its own products.

Nine people, presented the whistle-blower litigation in connection with the consideration of obtaining $ 65.8 million of the civilian settlement. He is a former employee care unit at home in Mexico, Monday, and a pharmacy in Key West, Florida, in competition with the National Medical Care

According to the False Claims Act, alarm bells and their lawyers, they are up to 30 per cent of settlements in federal carried out as part of his remuneration, “said Judy Wood, a spokesman for the Inspector General’s Office.

Ms. Gibbs said Fresenius agreed to install a rigorous program integrity, including testing and training specific to eight years to avoid a repetition. Fresenius hired Jean-Marc, a former compliance with the executive at Oxford Health Plans, to head the new program integrity.

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