Court battle could expose ugliest strategies of drug rehab business
“Bro,” the text chain says, “you can make so much (expletive) money off these junkies. Their (sic) going to use anyway.”
“What do you mean I can make more,” came the reply.
“U can market for pablo. (sic) We all get a kickback for each client we bring in. Basically we send them to detox send them to a house where there’s free house weed and benzo maintenance so we can just keep recycling them through. Some of the house managers make a little extra selling hard on the side if you know what Im saying.”
Ah, addiction treatment in
This little gem is featured in Aetna’s latest federal court filing against
As we’ve documented for years now, rehab can be a deadly business. “In addition to massive financial fraud, there are also widespread reports of deaths and serious patient harm at Defendants’ facilities, and the state of
Young and others named in the suit deny wrongdoing. But as their latest spat comes to a boil in civil court — more on that in a minute — the recently unsealed criminal indictment against
Moore was charged with multiple counts of “conspiracy to solicit, receive, pay and offer illegal remuneration for referrals to clinical treatment facilities” — and failure to file a tax return. Mysteriously unnamed are the “co-conspirators” and facilities Moore allegedly worked with. But business records show that Moore was Young’s secretary and chief financial officer at the
Anyway, as the federal heat grows hotter in
Moore has pleaded not guilty to the federal charges, and his attorney declined further comment, for this story and about Blue Sky.
Seething
While Young et al have produced some eye-popping documents in the course of litigation — (“if you got insurance, it has to be a PPO, it has to be private pay … like Aetna … I can fly you out to detox, and put you into detox for 21 days, so you can take Xanax everyday, you can (explitive) take suboxone, they provide you with weed, they provide you with cigarettes, so if you’re trying to make some bread bro … then I’ll give you
“This sprawling,
“But that’s just the start,” Aetna’s filing adds. “Defendants recently told Aetna that they are no longer affiliated with most of their body brokers and that they apparently lack access to the brokers’ communications. Aetna will now have to subpoena these body brokers to a degree far beyond the initially estimated scope of third-party discovery. Even worse, all indications are that Defendants did not instruct their body brokers to preserve evidence, and that they did not collect or preserve the body brokers’ communications either. Enforcing subpoenas to Defendants’ former workers will also likely be burdensome because, as Aetna has worked to find these individuals, it has come to light that some of them are in jail or facing criminal charges, and some have expressed their intent to invoke the Fifth Amendment or otherwise try to avoid compliance.
“On top of all that, Defendants just provided Aetna with information that raises serious spoliation concerns—including that they allegedly lack access to one of the main email accounts used during the relevant period by the ringleader of the scheme,
“Further, after Judge (Jean P.)
Aetna has asked the court for an order imposing sanctions on
‘Poorly drafted’
Young et al oppose sanctions, they said in a filing on
The order gave them 35 days to comply, which was simply not enough time, they argued.
“Young Defendants have diligently endeavored to comply with Aetna’s far-reaching discovery requests, employing 26 lawyers and a team of eDiscovery professionals at great expense, to collect, review, and produce documents from key centralized databases and numerous custodians applying a long and comprehensive list of search terms,” their filing said.
“Aetna argues that Young Defendants waited too long to start their document collection. This argument is unfair. As Aetna describes it, this case is a ‘sprawling,
Despite “great efforts,” the Young Defendants could not meet the document production deadline and contacted Aetna’s counsel on Sept.5 to discuss a new deadline and narrowing search terms, its filing said. “Aetna refused to agree to any extension and ignored the invitation,” it said.
These cases are long and slow. A similar battle between
The seemingly dry battles over document production, though, are vitally important to understanding how this troubled segment of the health care business works, and what might be done to address its failings.
“Aetna anticipates showing that Defendants paid kickbacks to doctors and other medical providers to benefit from their medical licenses and to obtain referrals,” it said in a filing.
We’ll be digging into the doctor angle soon.
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