Golden Parachute for OmniCare CEO

The Wall Street journal had an interesting article about Omnicare's legal troubles.  Mr. Gemunder's was CEO of Covington, Ky.-based Omnicare, the nation's largest dispenser of pharmaceuticals to nursing homes serving 1.4 million beds in 47 states.  Obviously, Omnicare gets its profits from Medicare, Medicaid and health insurance.

Mr. Gemunder had been in charge since 1981, but recently retired with a large lump-sum pension payout.  He's getting a $91 million pension payout, plus severance, vesting of restricted stock  that bring his final payday to at least $130 million. And that's on top of the $14 million he bagged last year.

And what did the shareholders get for their money? Omnicare shares took a tumble last week after the company reported a shocking drop in the number of prescriptions it fills.

And what did the taxpayers and customers get? Omnicare has litigation costs amid evidence of kickback and billing schemes.  For example, in November 2009, Omnicare announced it would pay $98 million to settle a civil case brought by the Justice Department that it paid kickbacks to nursing homes and took kickbacks from pharmaceutical companies, including Johnson & Johnson. Omnicare also agreed to pay $49.5 million in 2006 to settle Medicare fraud claims. And last month, new details emerged in a continuing kickback lawsuit in Illinois.

 

Greedy CEO pleads guilty

The Hartford Courant had an article about another greedy nursing home CEO. The former chief executive of a now defunct nursing home chain pleaded guilty to federal charges that he improperly used money intended for the homes to buy real estate.   Raymond Termini pleaded guilty to conspiracy to commit wire fraud and engaging in unlawful monetary transaction.

Termini stole a $6 million loan for private business transactions, and up to $2 million for sprinklers at the nursing homes instead to buy real estate and other purposes.  Termini was CEO of Middletown-based Haven Healthcare, one of the state's largest nursing home chains before it filed for bankruptcy protection in 2007, operating 27 facilities in five states, including 15 in Connecticut.  Termini agreed to forfeit $500,000.  So he steals millions but he "agreed" to pay a measly half a million. 

"Mr. Termini admitted he made some errors," Keefe said. "Otherwise he did a lot of good for a lot of people in that industry."

 

 

Residents tax refunds not being used for care

McKnight's had an article about nursing homes getting their residents to ask for tax refunds.

The article discussed how a lot of nursing home residents haven't taken advantage of their opportunity to file for federal stimulus refund checks. That's up to $600 each for thousands of people. In other words, a lot of money.

So CEOs of the five of the nation's seven largest nursing home chains nudged residents into filing paperwork for their refunds. Then, the residents could turn around and give the money to some  “humane” charity. Outrageous.

The nursing home industry shows audacity in asking for this from a population that is largely on Medicaid is almost unfathomable. To think that such people—who normally receive perhaps just $50 of personal money per month from Medicaid for everything they want—are being asked to start forking over the largest lump sum they're bound to see for a while boggles the mind.

So to the CEOs of HCR ManorCare, Kindred Healthcare, Genesis HealthCare, Golden Living and SavaSeniorCare, I say: Go ahead, urge your residents to file their paperwork and get what they have coming. Then leave them alone.

Poliakoff & Associates, P.A., is one of South Carolina’s most respected and distinguished law firms. The Poliakoff firm began nearly 60 years ago by three attorney brothers: Matthew, J. Manning, and Bernard. With a history of believing the justice system...More...