Alta Vista and Rockport: The Alleged Referral Payments Behind the Job Title

Whistleblower Justice Network

In the Alta Vista Rockport medical directors fraud case, the facility and its management company agreed to pay $3,825,000 to resolve allegations that physician kickbacks generated false Medicare and Medicaid claims. The whistleblower’s complaint puts the alleged arrangement inside the business office: a medical director’s referral bonus, gifts recorded as patient supplies, and instructions to invent expenses. The job title explained the payment on paper. The referrals allegedly explained what it bought.

Alta Vista Healthcare & Wellness Centre LLC was the skilled nursing facility in Riverside, California. Rockport Healthcare Services was its management company. The government’s settlement announcement, dated June 21, 2023, identified those companies as the settling parties. A former accounting employee brought the False Claims Act case.

The Department of Health and Human Services’ Office of Inspector General identifies Riverside Healthcare & Wellness Centre as doing business as Alta Vista.

What Is a Red Flag for Health Care Fraud?

Medical-director compensation tied to patient referrals is the red flag in the Alta Vista allegations. The government alleged that, from 2009 through 2019, the facility, under the direction and control of Rockport, gave certain physicians extravagant gifts and separately paid them monthly medical-director stipends of $2,500 to $4,000 to induce them to refer patients.

The physician’s position matters. Physicians and eligible practitioners supply orders, certifications and visits in skilled nursing care. Their work connects a patient’s clinical needs to the facility’s care and payment records. Paid referrals let financial incentives steer patients’ care and taxpayer money, at the expense of nursing homes competing on care.

The complaint alleged that one Riverside medical director received a salary at the top of that monthly range, plus a bonus based on how many referrals he supplied. It also alleged that he was supposed to work at the facility at least weekly but usually appeared monthly, reviewing and signing patient charts when he came. Compensation, visits and referrals gave different accounts of the same relationship.

The complaint also alleged that Riverside paid for physicians’ dinners, golf outings and limousine service to special events. Gifts extended to physicians’ wives, including designer accessories and electronics.

The California Research Bureau’s 1997 report, Fraud and Abuse in the Health Care Market of California, describes the exchange plainly: one party channels business to another for a fee. It calls this patient steering. In skilled nursing, the patient is the person being steered, while Medicare or Medicaid can be the payer behind the admission.

Gifts That Became Patient Supplies

The whistleblower alleged that managers disguised referral gifts as ordinary facility expenses. Cash purchases, invented receipts and misleading expense categories made the benefit harder to recognize in the books.

According to the complaint, marketers created receipts portraying cash spent on gifts for doctors and case managers as purchases for patients. Managers later directed the accounting employee to prepare those receipts. The explanation eventually ran into the physical contents of the facility:

In or around 2014, [the operations vice president] told [the accounting employee] to “get creative” for larger amounts because they could not justify so much money spent on wheelchairs as there were actually very few wheel chairs at Riverside.

Whistleblower’s allegation, United States of America ex rel. Neyiris Orozco v. Twin Med, LLC, et al., complaint, paragraph 154

The alleged disguise depended on supplies that were not there.

The complaint also alleged that managers instructed staff to buy gift cards with cash and record them as patient items. Marketers allegedly handed gifts to hospital case managers over dinner or drinks.

In another example, a $3,000 purse for a case manager appeared on an expense report, and a regional business director instructed the accounting employee to label it as the director of nursing’s birthday gift. That label would allow the facility to code it as an employee benefit.

How the Payments Moved Through Alta Vista and Rockport

According to the complaint, marketers needed approval to spend facility money, and accounting staff processed the resulting expense reports. Those approvals connected the gifts to decisions inside the facility and its management company.

A contract or payroll entry shows one kind of payment. A marketer’s expense report, cash purchase or approval message can show benefits outside that contract. Those decisions put different employees in a position to explain the same transaction.

The facility and management company also have distinct roles. The complaint alleged that facility administrators reported to Rockport’s operations vice president and marketers reported to its regional business directors. Connecting those payments and approvals to the care billed to the government is work we do with a whistleblower.

The Settlement and Physician-Relationship Review

The settlement allocated $3,228,300 to the federal government and $596,700 to California. After years of alleged referral payments, the settlement came down to what the companies could afford: it was based on inability to pay.

The resolution also reached the relationships behind the payments. HHS-OIG’s agreement listing records a five-year corporate integrity agreement effective June 14, 2023. The settlement required review of physician relationships. That focus returns to the same question raised by the complaint: what was the facility paying the physician to do?

The settlement included a reward for the former accounting employee who brought the case. A whistleblower case under the False Claims Act can pay 15% to 30% of what the government recovers.

The Medical-Director Pattern in Other Facilities

Hebrew Homes Health Network agreed to a $17 million settlement in 2015 over alleged payments for Medicare referrals. The government alleged that medical-director contracts specified duties and hours, while the physicians performed few, if any, of those duties. Referrals allegedly increased once the physicians went on the payroll. A detailed contract could give the payment a clinical explanation while the actual work told another story.

In the separate Paksn case, the government alleged that medical-director compensation followed expected referrals, with payments ending when referrals disappointed. Across these cases, the useful comparison is the same: duties promised, work performed and admissions expected. Alta Vista’s complaint adds the expense records that allegedly concealed benefits outside the physician’s regular pay.

You Know What the Payment Bought

If you know why a physician received a bonus or why a referral gift appeared as a patient expense, speak to one of our whistleblower experts. We develop the case with you, bring in healthcare whistleblower lawyers who know skilled nursing referral-payment cases, and stay at your side as the case moves forward.

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