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In the Stern Therapy Consultants RegalCare fraud case, Stern agreed to pay $315,000 to resolve allegations that it caused false Medicare claims for unnecessary skilled nursing therapy. Its settlement also contains admissions about treatment after patients said they could not participate and a manager signing for a terminated therapist without knowing whether the work happened. For someone who knows the treatment room or the billing office, the revealing detail is who could turn unfinished paperwork into Medicare’s evidence of care.
Stern Therapy Consultants LLC supplied and oversaw therapists while the nursing facilities billed Medicare for their work. The New York company provided therapy, consulting and management services to long-term care facilities. Its management agreements put physical, occupational and speech therapists in facilities in Massachusetts and Connecticut.
The settlement agreement covers conduct from January 1, 2017 through September 30, 2019. It identifies RegalCare facilities and additional care sites, including Maplewood Rehab and Nursing, where the physical therapist who brought the case worked.
That division of work matters in therapy contractor and nursing facility liability. The company directing the therapists could shape the treatment and its documentation. The facility used those services to support its Medicare Part A claims. Stern’s admissions follow that connection from the contractor’s staff to the facility’s payment.
Stern admitted that its therapists continued providing Ultra High therapy after documenting that patients might not benefit from further skilled rehabilitation. It also admitted providing that level of therapy when patients said they were physically unable to perform, or refused, the exercises or treatment.
Under the historical Resource Utilization Group payment model, more therapy minutes and more therapy disciplines could move a patient into a higher-paying category. Ultra High was the highest category. It required medically necessary therapy totaling at least 720 minutes per week, at least two disciplines, and at least one discipline provided five days per week.
The payment threshold made the schedule financially important. The patient’s ability to use the treatment was supposed to make it clinically important. Stern’s agreement puts those questions beside each other: the highest therapy level continued after the treating staff had written that further skilled therapy might not help.
The refusal and inability admissions are equally concrete. On some occasions, therapists documented patient education for most or all of the session. A patient could say that they could not perform the treatment, and the record could still describe a session at the highest therapy level.
These admissions concern the old payment system. On October 1, 2019, the Patient Driven Payment Model replaced therapy-volume classification with classification based on patient characteristics. The whistleblower’s complaint alleged that the change brought an immediate drop in scheduled therapy and discharges from therapy regardless of patients’ progress or continuing needs. In that account, the payment model changed and the treatment changed with it.
The whistleblower’s complaint alleged that managers adjusted treatment schedules to land exactly on the Ultra High threshold. Missed minutes had to be made up, while extra minutes delivered earlier in the week led to reductions in later sessions. The complaint described how precisely that worked:
These schedule changes were commonly made with such precision that patients would not receive even one minute of therapy in excess of the RU threshold.
Whistleblower’s allegation, United States of America and Commonwealth of Massachusetts ex rel. Michelle McCormick v. RegalCare Rehabilitation, LLC, et al., complaint, paragraph 88
In that account, both too few minutes and too many minutes required a correction. The number that settled the matter was the reimbursement threshold.
Stern admitted that a senior regional director with no clinical experience or clinical license certified a terminated therapist’s services without personal knowledge that the therapist had performed them. The certifications covered two patients on eleven separate dates.
In February and March 2019, the director closed the former employee’s therapy records by signing on the therapist’s behalf. The closing notes carried this explanation:
documentation being closed out by management due to terminated employee not completing paperwork
Director’s closing-note wording quoted in Stern Therapy’s settlement agreement
The explanation accounted for the unfinished paperwork.
The facility claims followed the certification. Medicare Part A paid on the assumption that the services had occurred and were reasonable and medically necessary. That is the connection that makes the signature matter: a management decision inside the therapy company became support for a government payment to the nursing facility.
The admitted facts also explain why who completed the therapy record matters alongside what it says. An apparently completed record can conceal the gap between the person who treated the patient and the person who certified the work.
Stern’s settlement resolved the government’s claims against the therapy company. The RegalCare facilities and executives reached a separate resolution later.
A physical therapist who had worked at Maplewood brought the qui tam case. The federal government and Massachusetts joined it. In its February 2025 announcement, the Justice Department described a complaint against 19 skilled nursing facilities, their management companies, an owner, an executive and Stern.
The Justice Department alleged that an executive changed patient records to support the highest therapy level without assessing or speaking to patients, and often without consulting clinicians. It also alleged that RegalCare directed its billing company to bill Medicare before the necessary clinical documentation was complete.
Massachusetts alleged inflated MassHealth claims for long-term care, supported by altered documentation for services patients did not clinically need. The health care programs differed, but the alleged practice was familiar: change the record to support the higher bill.
The Justice Department announced Stern’s settlement on March 4, 2026.
On September 23, 2026, HHS-OIG reported a separate $1 million settlement. That resolution involved nursing facilities operated by RegalCare Management Group and RegalCare Management 2.0, along with two executives. It concerned allegations of medically unreasonable and unnecessary rehabilitation billed to Medicare and Massachusetts Medicaid.
The same separation appeared in Kindred and RehabCare‘s national therapy case. The Justice Department alleged that the contractor caused false facility claims through automatic placement in the highest category, therapy timed to reimbursement thresholds and inflated reporting. Separate customer settlements addressed nursing homes’ alleged failure to prevent the practices. Following the therapist’s employer and the facility’s bill can expose different decisions inside the same course of treatment.
A whistleblower case under the False Claims Act can pay 15% to 30% of what the government recovers.
For a therapy case like Stern’s, the evidence connects the clinical need, the treatment recorded, the person certifying it and the Medicare claim that followed. The agreement makes those connections unusually specific: patient notes about limited benefit or inability to participate, a terminated therapist’s unfinished records, a manager’s certification and a facility’s paid claim.
Different work records answer different parts of that story. Clinical notes and treatment schedules show what the therapist thought the patient needed and what management scheduled. Payroll, employment dates and work schedules can establish who was working when. Management agreements show which company supplied and supervised the therapists, while the facility’s claims and payment records show where that work reached Medicare.
For someone inside the business, the valuable knowledge may be the decision between those records. Who kept a patient at the highest level after the clinical note changed? Who decided a departed employee’s paperwork could be closed by management? The Stern admissions put those decisions directly beside the resulting care and claims.
If you saw treatment kept at a billing target or a manager sign for work they could not verify, talk to our whistleblower experts about the decisions behind those records. We help you build your strongest nursing home whistleblower case, bring in healthcare fraud whistleblower lawyers who understand therapy documentation and Medicare billing, and stay beside you as the case develops.