Resmed Settlement Agreement

Posted on Oct 4 2021 - 8:02pm by Ed
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The terms of the agreement were published four months ago in ResMed`s profit and loss account for Q4FY19, David Pendarvis, ResMed`s Chief Administrative Officer and Global General Counsel, said in the statement. At the same time as the civil transaction, ResMed entered into a company agreement with the Department of Health and Human Services Office of Inspector General. The CIA requires, among other things, that ResMed implement additional controls on its product prices and sales and that ResMed conduct internal and external monitoring of its agreements with referral sources. When disclosing the agreement, the DOJ laid out its case against ResMed, accusing the company of taking four publicity measures contrary to U.S. law, in particular the False Claims Act. This comparison is the result of a coordinated effort by the Civil Division of the United States Department of Justice; ==Prosecutors for the District of South Carolina, the Southern District of California, the Northern District of Iowa, and the Eastern District of New York; The Ministry of Health and Human Services, the Office of the Legal Counsel to the Inspector General and the Bureau of Investigations; the Defence Investigation Service; The Office of the General Counsel of the Defence Health Agency; the Federal Bureau of Investigation; and the National Association of Medicaid Fraud Control Units. This reflects what was expected and is consistent with the preliminary agreement the company reached with the DOJ during the summer of 2019. As we wrote at the time, "while some limited product wearing services may not violate the AKS [anti-kickback] status, compliance experts should not conclude that product wearing services generally fall into some sort of compliance safe harbor under the 2003 guidelines." ResMed produces and distributes machines with positive respiratory pressure, masks and other consumables to treat or diagnose sleep-related breathing disorders or for home sleep testing. The company allegedly entered into illegal agreements with suppliers, sleep labs, doctors, and other health care providers, causing Medicaid to file false claims about selling or renting its equipment or performing sleep tests. "Illegal bribes in the federal health care system create an unfair market and the potential for medical decisions not to be based on what is best for patients," said U.S. Attorney Peter E. Deegan Jr. for the Northern District of Iowa.

"This comparison is a further sign of our office`s commitment to fair and full enforcement of the False Claims Act." The comparison resolves allegations that THE DME companies provided free call center and other free outreach services for patients, which allowed these companies to order supplies for their sleep apnea patients, (b) provided sleep labs with free and inexpensive breathing masks and positive diagnostic devices, as well as the free installation of such devices. (c) arranged the zero-interest loans that DME took out from third-party financial institutions for the purchase of ResMed devices and fully guaranteed the payments due and (d) made sleep testing devices called "ApneaLink" available free of charge to non-sleep medical specialists. The disputes settled by this transaction are under the title United States and al. ex rel. . .