Nursing home CEO set for sentencing in major fraud case

first_imgIndianapolis, In. — James G. Burkhart, former CEO of ASC and respected community leader, will face sentencing on June 29, 2018 after pleading guilty to wire fraud, mail fraud, and conspiracy.  The DOJ, led by US District Attorney Josh Minkler, announced on October 12, 2016, that they had halted a fraudulent scheme, “just in time,” so that seniors residing in ASC facilities would not be “harmed.”  However, according to McGowen, federal 5 Star ratings of ASC facilities (licensed by HHC) have seen a dramatic decline in their quality of care ratings since Burkhart’s departure.Between 2012 and 2015, when the government alleged that residents were put at risk due to Burkhart’s ownership of and involvement in vendors providing valid goods and services to residents of HHC nursing homes, quality of care ratings, as measured by the Center for Medicaid and Medicare (CMS) star rating systems, rose from 2.41 on average to 4.08 a 69% increase for the HHC nursing homes.  After the raid of Burkhart’s home and Burkhart’s firing and replacement by ASC’s owners (the Jackson family), HHC’s legacy nursing homes’ quality of care ratings have fallen by 28.51% and are now at an average of 2.92 as of May 8, 2018.Financial losses have begun to accumulate at the HHC nursing homes and may soon outpace the extra payments of $150 million annually that HHC receives from the Federal Government, stated McGowen.  According to McGowen, during Burkhart’s 12-year leadership of ASC, HHC netted over $1.1 billion dollars from its long-term care operations.  This windfall was made possible by Burkhart controlling costs and driving quality and census to levels where ASC could generate a profit for HHC without the extra payments.The government claimed Burkhart engaged in a “…scheme, which is characterized by unbridled greed, deceit, and theft from programs….”  Actually, while Burkhart did earn profits from providing valid goods and services, they were provided at or below market rates, and were often lower than costs paid for these same services prior to Burkhart forming his own or becoming affiliated with ancillary companies to serving HHC nursing homes, said McGowen.  Along with Burkhart’s leadership, this produced savings of millions of dollars each year to Indiana Medicaid, McGowen added.While Mr. Burkhart earned over $1.1 Billion for HHC, he also earned hundreds of millions of dollars in management fees, rents, and profits from sales of real estate for the owners of ASC, stated McGowen.  “In fact, but for Burkhart’s willingness to take “put options” (described by HHC officials“…as ‘a form of insurance’ that allows them to sell their nursing homes for prearranged terms…”), the Jacksons may not have been able to sell real estate in 2012 for over $200 million,” McGowen added.McGowen indicated, these put options were also a prerequisite for the purchase of other nursing homes licensed by HHC; and, landlords of these properties insisted that Burkhart be listed as “key man” in the leases and all management agreements.  Without Burkhart there to accept these puts, HHC may find itself operating over 80 facilities in more than 40 Indiana counties and using Marion County tax payer dollars to provide for the care of residents outside of Marion County.last_img read more

Women’s hoops falls short in last-minute effort vs. Cal

first_imgFacing two tough Pac-12 teams this past weekend, the women’s basketball team had to battle both to the bitter end. Clashing with Stanford on Friday and then quickly turning around to face No. 21 Cal on Sunday, the Trojans ultimately fell to both in the last two minutes of play.Graduate student guard Jordan Adams recorded 10 rebounds in the Trojans’ match against the Cal Bears on Sunday. Sunny Dong | Daily Trojan“I thought it was a well-played offensive game,” head coach Mark Trakh said. “I am very happy with the effort of my team and very happy with Minyon’s effort tonight. We’re on the road right now, we’re 3 and 5 and we’ve got to figure out a way to get back to .500.”Taking on Cal is certainly no easy task, especially when Cal’s starting center, junior Kristine Anigwe, is widely considered to be one of the best players in the country. Averaging 17.9 points and 8.8 rebounds a game, Anigwe is strong on the boards and at the 3-point range. Even with an impressive game of 20 points, the Trojans’ strong defense was able to keep her to only 3 points in the second quarter and two rebounds in the first half before she would foul out in the fourth quarter.“We wanted to go inside,” Trakh explained. “I thought Kristen did a good job on her with the help Minyon went down and stole the ball a couple of times, but she is obviously a great player and that was big for us to stay in the game and getting her into foul trouble.”The Trojans’ defense has been strong throughout the season, but stood out in their games this weekend even with the losses. With 19 steals and 13 blocks total from the weekend, the team kept its opponents on their toes. More impressive though is the fact that four of the Trojan starters ­— guards sophomore Minyon Moore, senior Sadie Edwards and junior Aliyah Mazyck, with forward senior Kristen Simon — played 78-80 minutes of two 40-minute games and were still able to fight until the very end.“I think that since we don’t have a deep, deep bench, I think our starting five is doing a really good job,” Moore said. “And even though we are fatigued we are playing through it because we take it game by game and it’s not about yourself, we play for our team.”Trakh shared his opinion on the Trojans’ strengths.“We think we’re a defensive team,” Trakh said. “We wind up holding them to 62 points. I mean we really did a good job in the second half and they scored 27 points in the second half, so that is a pretty good defensive effort from us. We bring our defense all the time, bring it on the road, bring it home, but I think we’re doing a good job on the defensive end.”With both games coming down to the wire, it was Mazyck and Moore who would stood for the Trojans. Mazyck continued to prove herself a force to be reckoned with on the court, after getting down early in the first quarter against Stanford. She went on to make three 3-pointers in a row, changing the lead and the momentum of the game to allow her team back into the fight. Then, on Sunday, Moore led the charge against Cal with 19 points, three steals and two blocks.“Aliyah is having a great year and she is doing a great job for us so we’re really proud of the effort she is making, as I am of all the kids,” Trakh said.Overall, the weekend may not have ended the way USC wanted but in both games, the team fought hard throughout and never backed down.last_img read more