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CT AG Settles Enzo Clinical Labs for $1.7M Medicaid Overbilling

Enzo Biochem, Inc. and Enzo Clinical Labs, Inc.September 20, 2024Connecticut Attorney General

Penalty Amount

$1,729,977

Summary

Connecticut Attorney General announced a $1.73 million settlement with Enzo Clinical Labs for overbilling the state Medicaid program. The lab billed Medicaid full prices while offering discounted rates to other payers, violating the state False Claims Act. The settlement resolves both an audit repayment and claims from a whistleblower investigation.

Remedy

Enzo Clinical Labs must pay $1,729,977 to Connecticut to resolve allegations of Medicaid overbilling. The payment covers both the audit repayment of $981,951 and additional claims from a whistleblower investigation, with $238,369 going to the relator.

Monetary Penalty

Contract Impact

In-house legal teams should review all agreements where the entity provides services to government healthcare programs, particularly vendor contracts with state Medicaid agencies and customer agreements with private insurers. Key clauses to examine include pricing schedules (to verify consistent rate definitions), discount terms (to ensure no discriminatory pricing between Medicaid and other payers), billing and claims submission certifications (for compliance with program rules), audit rights and cooperation provisions (given the whistleblower-triggered investigation), representations and warranties regarding adherence to False Claims Acts, and indemnification or penalty allocation clauses. Potential changes may involve adding explicit rate parity requirements across all payer types, strengthening compliance certifications with specific Medicaid regulations, enhancing audit response procedures, and incorporating clearer termination rights for billing violations.

Contract Search Terms

Medicaid provider agreementpricing schedule attachmentdiscounted rate clausebilling compliance certificationFalse Claims Act representationwhistleblower investigation protocolaudit and repayment termsstate Medicaid regulations compliancepayer rate parity provisioncost report submission clause

Laws Cited

Connecticut False Claims Act

Violation Types

Entity Details

Entity

Enzo Biochem, Inc. and Enzo Clinical Labs, Inc.

Also known as: Enzo Biochem

Industry

Healthcare

Multistate Coalition

U.S. Attorney's Office for the Southern District of New YorkConnecticut Department of Social ServicesState of New York

Official Sources

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