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Bayada Agrees to Pay $17M to Settle False Claims Act Allegations

The Moorestown, New Jersey-based Bayada Dwelling Well being Care has agreed to pay $17 million to resolve False Claims Act allegations, the U.S. Division of Justice introduced Wednesday.

The settlement resolves DOJ’s allegations that Bayada violated the Anti-Kickback Statute by paying a kickback to a retirement house operator by buying two of its house well being companies positioned in Arizona.

“Events who pay or obtain kickbacks with a purpose to induce referrals undermine the integrity of the well being care system,” Performing Assistant Lawyer Basic Brian M. Boynton of the Justice Division’s Civil Division mentioned in an announcement. “This decision displays the division’s dedication to guard the precise of federal well being care program beneficiaries to obtain medical care that isn’t influenced by the monetary pursuits of their well being care suppliers.”

Bayada agreeing to pay $17 million shouldn’t be an act of contrition or wrongdoing, the DOJ was cautious to notice in its announcement.

“Whereas Bayada doesn’t imagine it has finished something fallacious and continues to disclaim the allegations, the corporate lately entered right into a settlement with the federal authorities to keep away from the numerous expense of protracted litigation and permit our focus to stay on offering high-quality house well being care to our sufferers,” a spokesperson for the supplier instructed Dwelling Well being Care Information in an electronic mail.

The DOJ allegations declare Bayada purchased the 2 Arizona house well being companies to safe affected person referrals from retirement communities operated by the vendor all through the USA from Jan. 1, 2014, by means of Oct. 31, 2020.

“When well being care suppliers make or induce referrals which are primarily based on kickback preparations somewhat than the perfect pursuits of sufferers, they danger affected person hurt, threaten the integrity of federal well being care packages and violate federal regulation,” Performing U.S. Lawyer Rachael A. Honig for the District of New Jersey mentioned.

Bayada gives house well being, hospice and private care providers by means of its 28,000 nurses, house well being aides, therapists and social staff. Its community consists of 350 places in 22 states, with further places in Canada, Germany, India and 4 different international locations.

The Anti-Kickback Statute prohibits events who take part in federal well being care packages from “knowingly and willfully providing, paying or receiving any remuneration with a purpose to induce the advice of any merchandise for which fee is made in complete or partly underneath a coated federal well being care program.”

The prohibition extends to asset purchases which are supposed to induce referrals, in response to the DOJ.

“It is very important observe that the allegations on this matter don’t relate in any option to affected person care,” the spokesperson instructed HHCN. “The entire care supplied to our sufferers was medically needed, and neither the relator nor the federal government have alleged something on the contrary.”

The settlement consists of the decision of claims introduced underneath a False Claims Act whistleblower case from David Freedman, who was the previous director of strategic progress for Bayada between 2009 and 2016. As a part of the decision, Freedman will obtain greater than $3 million.

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The DOJ moreover famous that the matter stays underneath seal as to allegations towards entities aside from Bayada.

“As a number one not-for-profit supplier of in-home well being and assist providers, we take our duty to adjust to all legal guidelines governing house well being care suppliers significantly,” the spokesperson continued. “Bayada is absolutely dedicated to our mission to ship high quality care with compassion, excellence and reliability to assist individuals stay safely at house with consolation, independence and dignity.”

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