Washington, D.C., partner Jesse Witten was quoted in a Report on Medicare Compliance article, titled “After Avoiding Exclusion With Settlement And CIA, Provider Defaults and Is Excluded.” The article discusses how the HHS Office of Inspector General excluded a chain of imaging centers from Medicare after defaulting on payments owed to the Department of Justice under a False Claims Act settlement agreement.
Jesse commented on negotiating settlement agreement reductions or accommodations based on a defendant’s financial condition, explaining that it is not unusual for health care organizations to enter into a settlement agreement with an installment plan. “It can be three to five years. The government has been reasonable about making further accommodations on ability to pay,” Jesse said. He explained further that the government “will scrutinize closely, but if you don’t have the wherewithal to pay like you thought you did, they will be reasonable.”