Benesch: AKS claims against Azura dropped; FCA allegations to continue with DOJ intervention -

The DOJ filed an Amended Intervenor Complaint in Aug. alleging between 2012 and 2018, Fresenius Medical Care’s business unit, Azura Vascular Care, was engaged in the following acts in contravention of the federal False Claims Act (FCA):

..Repeatedly performed and billed Medicare, Medicaid and other government healthcare programs for medically unnecessary vascular access procedures; and

..Falsified referrals to make it appear that patients’ nephrologists referred the patients for these unnecessary procedures.

The DOJ declined to join a complaint the defendants violated the federal Anti-Kickback Statute and these charges were ultimately dropped. Joining the DOJ in the FCA case are the states of FL, GA, NJ and NY. The District Court for the Eastern District of New York granted Azura time to answer the amended complaint and no deadline for the defendant’s response was specified.