Partner Judy Waltz was quoted in a Report on Medicare Compliance article, “DOJ Recovers Medicaid Dollars From Facility Over COVID-19 Practices,” about a settlement agreement between federal prosecutors and a Texas-based long-term care company over infection control practices at one of its Iowa facilities.
Waltz said it was “somewhat unusual” that the consequences for the facility’s alleged COVID-19 infection failures were pursued by the Department of Justice instead of CMS through the survey and certification process, which is the norm. “CMS could have cited them for infection control deficiencies and required a corrective action plan,” she said. “Had they gone through CMS instead of DOJ, this would have been reflected on the facility’s record for future enforcement actions and survey history.”
Waltz also noted that the settlement amount is a straight repayment, with no fines or penalties. “However, there may be additional scrutiny from CMS with respect to the covered conduct that is not reflected in this DOJ settlement document,” she added.