Novo Nordisk Pharmaceutical Company Settles Alleged Medicaid Fraud Fed Suit

WPCNR FBI WIRE. From the Federal Bureau of Investigation. June 13, 2011:



Novo Nordisk, Inc. has entered into a civil settlement agreement with the United States in which it has agreed to pay the United States and several states $1.725 million to resolve allegations that the company caused false or fraudulent claims to be submitted to the Medicaid program in connection with its marketing of the diabetes drugs Novolin, Novolin 70/30, Novolog, and Novolog 70/30.


The settlement was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York.


As alleged in the civil settlement agreement, Novo Nordisk sales representatives in four states and the District of Columbia made payments to Rite Aid pharmacists in exchange for those pharmacists recommending the Novolin and Novolog products.


The pharmacists, together with Novo Nordisk sales representatives in those states, identified patients who were candidates to use Novolin or Novolog and communicated with physicians, patients, or other pharmacists to encourage them to use or recommend the use of those drugs. As part of these activities, the pharmacists accessed, or allowed Novo Nordisk representatives to access, confidential patient information, which was used for the purpose of conducting marketing events that were designed to switch patients from competitor diabetes drugs to Novolin or Novolog.


In addition to entering into the federal settlement and agreeing to enter into settlement agreements with the states, Novo Nordisk, which has not admitted to engaging in the conduct at issue, has also entered into a Corporate Integrity Agreement with the Department of Health and Human Services, Office of Inspector General.


The investigation that lead to the settlement began after a former Novo Nordisk sales representative filed a complaint against the company on behalf of the United States in the Eastern District of New York. Under the federal False Claims Act, a private individual who has uncovered fraud against the federal government may file a suit in federal court on behalf of the United States. If the United States is successful in resolving those claims, the individual who filed the complaint may receive a share of the recovery.


“We are committed to battling health care fraud, especially when money is exchanged in an attempt to impact treatment decisions,” stated United States Attorney Lynch. “The allegations in this case were particularly egregious because they involved the disclosure of confidential patient information.”


“When pharmaceutical companies pay kickbacks – as Novo Nordisk is alleged to have done – it is especially insidious because patients may not be receiving untainted medical advice,” said Tom O’Donnell, Special Agent-in-Charge of New York’s Office of the Inspector General for the Department of Health and Human Services. “When those in the health care industry insist on misusing private patient health information at taxpayer expense, they should not be surprised when they are held accountable for their actions.”


Janice K. Fedarcyk, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Filed Office, stated, “Those in the health care industry are entrusted with the responsibility of protecting confidential patient health information. The exploitation of that confidential information for increased profits turns taxpayers and customers into unwitting victims.”


The government’s case was handled by Assistant U.S. Attorneys Paul Kaufman and James Cho, and Rebecca Ford of the Department of Justice’s Civil Frauds Branch, who were assisted by Affirmative Civil Enforcement auditor Emily Rosenthal. The Corporate Integrity Agreement was negotiated by Mary Riordan and Keshia B. Thompson, Senior Counsel of the Office of Counsel to the Inspector General of the U.S. Department of Health and Human Services. The model state settlement agreement was negotiated by Lelia P. Winget-Hernandez of the Virginia Attorney General’s Office.

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Governor Introduces Pension Reform Plan for New Employees of State Only. Sixth T

WPCNR ALBANY ROUNDS. From the Governor’s Press Office. June 9, 2011:


Governor Andrew M. Cuomo announced Wednesday  he has introduced pension reform legislation that would impose a new Tier VI for future employees and save taxpayers $93 billion over the next 30 years, a figure that does not include New York City. These reforms will reduce costs for local governments and schools and help get control of local property taxes for homeowners and businesses across the state. The bill also includes, at the request of Mayor Michael R. Bloomberg, a separate pension reform proposal for New York City and the uniformed services.


The new pension tier will increase the retirement age for new employees from 62 to 65, increase employee pension contributions and end so-called pension padding where employees accumulate substantial amounts of overtime in their final years of service to increase their pension.


 


“The numbers speak for themselves – the pension system as we know it is unsustainable,” Governor Cuomo said. “This bill institutes common-sense reforms to bring government benefits more in line with the private sector while still serving our employees and protecting our retirees. Reducing the skyrocketing pension burden faced by local governments and schools will also help get control of local property taxes that are driving New Yorkers from their homes and from the state.”


Assemblyman Robert Castelli of the White Plains/Lewisboro 89th Assembly District applauded the effort with one caveat:


“We’ve long believed that the tax cap, coupled with legitimate mandate relief, was the one-two punch needed to make the State whole again.While the tax cap, as proposed, will take care of the first part of that, I am concerned that this program does not go far enough to provide us with immediate mandate relief.It is also worth noting that the conditions that brought us to this fiscal crossroads were created by Albany insiders, and not the hardworking individuals and municipalities who will bear the ultimate brunt, and immediate impact of these decisions.”


The projected savings to the State, over the next thirty years, will be in excess of $93 billion dollars, and, when coupling that with the projections for the recently instituted Tier V system, may increase that savings to over $120 billion, and that I applaud,” Castelli commented in a written statement to WPCNR


“However, in order to protect working families, and for municipalities to see immediate mandate relief, action needs to be taken on some of the more pressing mandate relief issues, such as Wicks law reform, suspension or repeal of the Triborough Amendment, and addressing the questionable costs associated with the MS-4 stormwater mandate.”


The Governor’s news release describes the effects of the new Tier VI:


Since 2001, pension contributions by the state, local governments and schools increased from $368 million to $6.6 billion outside New York City.During the same period for New York City, pension costs increased from $1.1 billion to $8.4 billion.This level of growth raises property taxes and impacts government’s ability to provide services.


Provisions in the legislation include:



  • Raising the retirement age from 62 to 65
  • Ending early retirement
  • Requiring employees to contribute six percent of their salary for the duration of their career
  • Providing a 1.67 percent annual pension multiplier
  • Vesting after 12 years instead of 10 years
  • Excluding overtime from final average salary
  • Using a five year final average salary calculation with an 8 percent anti-spiking cap
  • Excluding wages above the Governor’s salary of $179,000 from the final average salary calculation
  • Eliminating lump sum payouts for unused vacation leave from the final average salary calculation
  • Prohibiting the use of unused sick leave for additional service credit at retirement

The reform of the state pension system would impact new hires by the state and local governments, including school districts. The City pension reform plan would cover new employees of New York City, including the uniformed services.


The bill is available here. The bill memo is available here.


Mayor Michael Bloomberg said, “We have, for the last six months, been engaging with stakeholders in City and State government and our partners in municipal labor, on a vital question we’ve raised for years: how to protect both city services and the strength of our retirement funds over the long term.The Governor’s bill will do just that — by making sensible pension reforms that won’t impact a single current employee or existing retiree, this legislation will create $30 billion in savings over the next 30 years for the City, which will ensure we can afford the services and workforce that City residents depend on, and provide a secure retirement for municipal employees long into the future.”


Carol Kellermann, President of the Citizens Budget Commission, said, “Rapidly rising pension costs have squeezed the budgets of every government in New York State and contributed to New York’s high tax burden. New York needs an affordable pension plan that reflects current economic times and can be sustained over the long term. Governor Cuomo’s proposal for a new tier is fiscally responsible and would provide significant relief to taxpayers and local governments.”


Stephen J. Acquario, Executive Director of the New York State Association of Counties, said, “Pension costs are projected to rise at unsustainable rates for public employers and their taxpayers. Governor Cuomo’s Tier VI measure will provide much-needed long-term relief while still protecting the financial integrity of the retirement system.NYSAC supports the Governor’s proposal which will modernize the State’s pension system and provide efficiency and stability to ease the local burden of skyrocketing pension costs.”


Peter Baynes, Executive Director of the New York Conference of Mayors, said, “Governor Cuomo’s proposal to add a new Tier to the pension system is good news for local governments and their property taxpayers. The cost of the public pension system has grown out of control, and we need to take proactive steps to rein it in. This plan will ultimately save billions in taxpayer dollars while providing a stable, secure retirement system for public employees. We look forward to seeing the Governor’s bill pass this session.”


G. Jeffrey Haber, Executive Director of the Association of Towns of the State of New York, said, “Towns are always looking for responsible ways to minimize the real property tax burden for their residents.The current economic climate necessitates changes to the existing retirement formula. We applaud Governor’s Cuomo’s efforts to address this situation by the introduction of a Tier VI pension reform plan.”


Timothy G. Kremer, Executive Director of the New York State School Boards Association, said, “School districts have been punished by escalating pension costs for the last several years. The current retirement systems are no longer sustainable.Saving $93 billion over time will provide welcome relief to school districts and taxpayers struggling to make ends meet.”


Robert J. Reidy, Jr., Ph.D., Executive Director of the New York State Council of School Superintendents said, “Governor Cuomo’s measure to rein in pension costs is commendable. In recent years, most school districts have had to freeze or cut all other spending to absorb steep pension cost increases.This plan will save billions in taxpayer dollars and provide much-needed relief to school districts all over New York state.”


Jamestown Mayor Sam Teresi said, “I applaud Governor Cuomo’s efforts to seek long overdue reform to the Public Employee’s Pension System. His plan will ultimately bring much needed relief to local governments, school districts and the State government itself, whose budgets have all been ravaged by exploding pension costs during recent years. To those who claim that the benefits of the proposed Tier 6 will do nothing to help overburdened taxpayers now, I remind them that had foresight and leadership such as this been demonstrated 10-15 years ago, our punitive tax burden, problems and pain of today would have been significantly more manageable. Proverb teaches us that ‘A journey of a thousand miles begins with a single step’. This is a significant leap and I look forward to working with the Governor and Legislature to follow this up with even more initiatives to restructure and retool the Governments of the Empire State.”

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WCA Selects Hud Valley Econ Director to Implement Business-Financed Economic Rev

WPCNR DOLLARS AND SENSE. From Westchester County Association. (Edited) June 7, 2011:


Bill Mooney, President of the Westchester County Association named Marissa Brett WCA Executive ?Director of Economic Development today. Ms. Brett’s role will be to implement The Blueprint for Westchester, a million plan to be funded by WCA business members to improve Westchester economic performance by attracting new businesses to the county. She begins the assignment July 5.


Mooney praised what he called her record of attracting investment and new jobs to the Hudson Valley the last six years as head of the Hudson Valley Economic Development Corporation that represents seven counties north of New York City.



Economic Revivalist. Marissa Brett


At HVEDC, Ms. Brett developed all real estate marketing efforts and launched a region-wide transaction database of all lease and sales transactions in a quarterly report, Hudson Valley Real Estate Transaction Tracker. Her report is credited in the news relase as filling 7 Million square feet of commercial space and creating about 6,000 jobs. Prior to 2005, when she joined HVEDC, she marketed commercial real estate of 1.4 million square feet for Albert B. Ashforth, Inc.


 


 


As part of her duties at the WCA, Brett will craft and execute a strategy to market the county’s available real estate for economic growth, building on her many existing relationships in the real estate and site selection communities.


 “We want to ensure that Westchester is top of mind when businesses consider relocating or expanding,” Brett said in the news release.


Brett holds a bachelor’s degree from Fordham University.  She also obtained her masters of corporate real estate from CoreNet Global, the leading global corporate real estate network. a native of Carmel, She serves on the Board of Directors for the United Way of Westchester and Putnam and also on the Putnam County Industrial Development Agency. 

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Study of Golf Courses, Hutch Tract Approved. Rezoning of Golf Courses Possible

 


 


WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. June 7,2011:


 


The Common Council last night approved floating $363,600 in bond anticipation notes renewable annually at .75 %  to pay an engineering firm and a law firm to study four privately owned golf clubs and a stretch of land along Hutchinson Parkway to ascertain whether the properties need rezoning to “bring these regulations into greater conformity with, and to better implement  the stated visions of the 1997 Comprehensive Plan.





Councilman David Buchwald commenting on the bond, ( an outgrowth of the April 4 moratorium halting for six months any decisions on development of recreational lands so the city could conduct studies and update the city Comprehensive Plan), defended the expenditure as being a far cry from spending  $15 Million (that the Council refused to do, to acquire the Ridgeway Country Club, as proposed by the previous Mayor Adam Bradley last fall.)


 


Buchwald said the expenditure is to analyze the  golf courses (now in private hands)  to determine if they need to be rezoned in view of environmental conditions. He pointed out that the law firm hired for $49,500, Silverberg & Zalantis, had performed a similar rezoning for the Town of Mamaroneck. That zoning has stood up in the State Court of Appeals when challenged by properties seeking to develop their property.


 


After the meeting, Buchwald told WPCNR the law firm might or might not formulate different zoning for each individual property,(depending on the findings of the study ) An engineering firm VHB Engineering, Surveying and Landscape Archetecture, principals of whom are John Saccardi and David Schiff (who worked on the original 1997 Comprehensive Plan) will conduct the survey for $305,000, plus up to $5,000 for printing expenses. Buchwald did not seem worried that individual properties affected by any possible rezoning, might challenge any rezoning (if any would be created) on grounds it devalued their property. Buchwald allowed their might be some difference of opinion.


 


 


The clubs that will be studied are Westchester Hills Golf Club, former Ridgeway Country Club (now owned by the French American School of New York ) , a portion of Fenway Golf Club located in White Plains, Maplemoor Golf Course (a county property), and a portion of Hutchinson River Parkway in White Plains.


 


Mayor Tom Roach told WPCNR, the study was being done to see if any rezoning needed to be considered.  Councilperson Milagros Lecuona during the meeting, said previous Open Space Acquisition Committee studies of 13 properties, was not a detailed study such as will now be done, but simply an effort to see whether properties could be linked.


 


The interest actually works out to a .40% interest, when the net interest cost is deducted from the cost of borrowing over 20 years, is figured into the equation, according to City Finance Commissioner, Michael Genito


 


Roach said the study would begin as soon as possible.


 

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