In June 2018, Healogics, Inc., the nation’s largest provider of advanced chronic wound care services, agreed to pay to up to $22.51 million to resolve False Claims Act (FCA) allegations that, from 2010 to 2015, it caused wound care centers to submit claims to Medicare for medically unnecessary and unreasonable hyperbaric oxygen (HBO) therapy. Healogics manages almost 700 hospital-based wound care centers where HBO therapy is provided. HBO therapy is a modality wherein a patient’s full body is enclosed in a pressurized chamber and exposed to high concentrations of oxygen. Medicare covers the therapy only when used to treat certain conditions (e.g., diabetic foot ulcers) and only when administered in certain circumstances (e.g., after no measurable signs of healing for prior 30 days of treatment with standard wound therapy).
Pursuant to the settlement agreement, Healogics paid $17.5 million and could pay an additional $5.01 million if its earnings exceed certain levels over the next five years. Healogics also agreed to enter into a five-year Corporate Integrity Agreement with the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG) as part of the resolution.Continue Reading FCA Settlement Regarding Provision of Hyperbaric Oxygen Therapy
Bass, Berry & Sims attorney Taylor Chenery commented on a decision from a federal district court in Pennsylvania allowing a whistleblower’s case to proceed and rejecting the defendant’s argument that the claims at issue were barred because the allegations were previously publicly disclosed. The case involves False Claims Act (FCA) allegations against Medtronic Inc. that the company provided improper kickbacks to healthcare providers to encourage them to prescribe Medtronic devices.