Rehab Riviera: Insurer wins big racketeering, fraud verdict against defunct Sovereign Health
It was a vicious back-and-forth over who was truly evil — the big bad insurance company, refusing to pay for desperately needed addiction treatment for vulnerable patients? Or the greedy, manipulative treatment provider, milking those vulnerable patients for every last cent it could wring out of their insurers, then kicking them to the curb when benefits ran out?
In the battle between now-defunct
After a trial that lasted some seven weeks, the jury took about a day to decide that Sovereign/DD and its erstwhile CEO
Sovereign and Sharma must pay Health Net just shy of
Health Net, apparently not eager to gloat, said it wasn’t going to comment on the verdict.
One of Sovereign’s attorneys,
That
It happens that
Sovereign, which filed the initial lawsuit against Health Net, got zip.
“Sovereign is not an innocent little lamb,” Health Net attorney
The fight
Sovereign, once a prominent addiction treatment and behavioral health provider in
Sovereign alleged the insurer “engaged in a disgraceful scheme to enrich themselves by backtracking on their insurance promises to recovering addicts and the mentally ill,” and that its “misconduct is part of a sad pattern of prioritizing dollars over decency.”
Health Net owed Sovereign
Health Net, of course, has a vastly different perspective.
In a counter-suit, it argued that Sharma and his companies engaged in massive fraud that harmed all consumers. In 2013 — before coverage for addiction treatment was mandated under Obamacare — Health Net paid
Monthly billings from Sovereign’s companies to Health Net climbed from less than
Treatment providers gamed and abused the Affordable Care Act, Health Net said. Sovereign and other clinics “engaged in a sophisticated fraud involving paying kickbacks to ‘buy’ hundreds of patients from teams of brokers, or ‘cappers,’ who find the patients in 12-step programs, AA meetings, homeless shelters and jails, often from outside
“Because the prospective patients typically would not be able to afford private health insurance or the cost-sharing obligations associated with receiving services from an out-of-network provider — and who should therefore be enrolled in state-funded or subsidized health care programs such as Medicaid — the providers, including (Sovereign), offer the patients financial kickbacks and inducements.”
The primary inducement is the offer of free care, Health Net said. Sovereign, and providers like it, signed people up for top-tier insurance policies. Those providers — not the clients — paid the insurance premiums. Then the providers either waived — or paid — the patients’ out-of-pocket deductibles and co-pays, which Health Net said violated the policy terms.
Sovereign and the others recouped their cash outlays by billing massive amounts — often for services that were never rendered, were not medically necessary or were not covered, the counter-suit said.
“This scheme, which involves fraudulently obtaining insurance policies and the submission of thousands of false and fraudulent claims, also raises the costs of healthcare coverage to consumers, who ultimately will have to pay higher insurance premiums.” the insurer argued.
‘Patients as pawns’
Sovereign’s lawyers argued that Health Net was ill-prepared for the mass of claims it would get for addiction treatment and simply decided not to pay them.
The legal process dragged on for years and the insurer had years to investigate, gained access to hundreds of pages of documents, “but at the end, their accusations are based on hearsay, innuendo, gossip,”
In the end, Sovereign sought reimbursement for just
Health Net was apparently more convincing to the jury.
“Insurance doesn’t work if a person buys insurance when the fire is coming down the hill, puts in a massive claim for their house that has burned down and then cancels it afterwards,” Health Net attorney
“It doesn’t work. The system would collapse … and here we have something even worse than that. It’s not just that they bought the insurance as the fire was coming down the hill and then terminated the insurance after the claim had been put in. But here it’s like the contractor is buying insurance for all the homeowners and saying….’Free insurance for you if you let me rebuild your house so I can submit claims to your insurer for rebuilding your house.’
“Sovereign (gamed) the system. It defrauded Health Net, and it used its patients as pawns.”
We’ll tell you more about the eye-popping evidence in coming days — which includes a “mop-up” team in
Sharma was hoping to use the proceeds from this trial to pay hundreds of Sovereign workers who never got paid as the company was imploding in 2018. Those wage claims are still outstanding.
Sharma, however, has been working with a company,
Update
Read trial transcripts:
2022-07-21 Trial Transcript_Redacted
2022-07-19 Trial Transcript (Closing Arguments)
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