Business ProfileforLincare Inc.

The following describes a government action that has been resolved by either a settlement or a decision by a court or administrative agency. If the matter is being appealed, it will be noted below.

On August 10, 2023 Lincare Holdings, Inc., a Florida-based, wholly-owned subsidiary of German multinational chemical corporation Linde plc, entered into a settlement agreement with the United States Attorney for the Eastern District of Washington to resolve allegations that it fraudulently overbilled Medicare and Medicare Advantage Plans for oxygen equipment [Case No: 2:21-cv-151-TOR (E.D. Wash.)]. Per the settlement agreement, Lincare Holdings, Inc. has agreed to pay $29 million and perform extensive corrective actions.

In the settlement, Lincare admitted that it improperly billed Medicare, MA Plans, and beneficiaries for oxygen equipment rental payments and co-payments after it had already received 3 years of payments. Lincare admitted that it lacked adequate controls to ensure that MA Plans and beneficiaries were not improperly billed after 3 years of rental payments had already been received.  Lincare additionally admitted that for traditional Medicare recipients, it had controls in place to prevent improper billing, but that those controls were not always effective.  Finally, Lincare admitted that when Lincare employees raised concerns about Lincare’s billing practices, Lincare officials in its Regional Billing and Collections Office located in Spokane Valley, Washington, and at Lincare’s corporate headquarters in Clearwater, Florida, instructed them that Lincare would continue its billing practices.  The settlement announced today resolved claims that Lincare’s conduct violated the False Claims Act.

As part of the settlement, Lincare entered into a 5-year Corporate Integrity Agreement with the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG).  That Agreement requires, among other things, that Lincare implement a robust compliance and reporting program as well as a number of significant billing reforms and practices.  Additionally, the Agreement requires that Lincare retain, at its expense, independent experts to review its claims and billing practices to ensure they are appropriate.