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South Florida Business Owner Agrees to Voluntary Exclusion and Divestiture

Tracy Nemerofsky - a Palm Beach Gardens, Florida private business owner - agreed to be excluded from participation in all Federal health care programs for a period of five years. OIG conducted an investigation of Nemerofsky for knowingly submitting or causing to be submitted to Medicare false claims in violation of the Anti-Kickback Statute. Based upon that investigation, OIG alleged that Nemerofsky violated the Anti-Kickback Statute through her company A Plus Home Healthcare, Inc. (A Plus), when she directed and managed A Plus' payments to eight different physicians' spouses, in exchange for the physicians' Medicare referrals. OIG alleged that the eight spouses were not bona fide employees of A Plus and that these arrangements did not fit within the exception to the Anti-Kickback Statute payment prohibition. OIG alleged that Nemerofsky offered and paid the remuneration described above and this conduct forms a basis for her exclusion. Nemerofsky agreed to enter a voluntary exclusion with OIG for a period of five years after she resolved the above mentioned conduct through a False Claims Act monetary settlement with the United States, a settlement in which OIG expressly reserved its exclusion authority. In order to resolve her companies' exclusion liability as well, Nemerofsky also agreed to divest herself of five health care businesses: A Plus; A Plus Private Care Services; Ocean Therapy Group, Inc.; Professional Touch Rehab, Inc.; and RockHill Rehab Services Inc. Senior Counsels Kristen Schwendinger and Tamara Forys represented OIG.

Action Details

  • Date:May 27, 2015
  • Enforcement Types:
    • CMP and Affirmative Exclusions