SETTLEMENT AGREEMENT
Exhibit 10.1
I. PARTIES
This Settlement Agreement (“Agreement”) is entered into among the United States of America,
acting through the United States Department of Justice and on behalf of the Office of Inspector
General (“OIG-HHS”) of the Department of Health and Human Services (“HHS”), the TRICARE Management
Activity (“TMA”), through its General Counsel, and the Office of Personnel Management (“OPM”),
which administers the Federal Employees Health Benefits Program (“FEHBP”)(collectively the “United
States”); Pediatrix Medical Group, Inc. (hereafter “Pediatrix”); and Xxxxxx X. Xxxx, MD (hereafter
the “Relator”), (hereafter collectively referred to as the “Parties”), through their authorized
representatives.
II. PREAMBLE
As a preamble to this Agreement, the Parties agree to the following:
A. Pediatrix is a publicly-traded company, incorporated under the laws of the State of
Florida. Pediatrix’s network of affiliated physician groups provides medical services in various
hospital neonatal intensive care units (“NICUs”) in 32 states and Puerto Rico.
B. The Relator, Xxxxxx X. Xxxx, MD, is an individual resident of the State of Colorado.
On or about May 24, 2002, the Relator filed a qui tam action in the United States District Court for the
District of Maryland captioned United States ex rel. Xxxxxx
X. Xxxx, MD v. Pediatrix Medical Group, Inc., Civil No. L-02-1805, (hereinafter “the Civil Action”). The Relator is a
board-certified neonatologist.
C. The United States has filed of Notice of Intention to Intervene in the Civil Action.
D. Pediatrix has entered into or will be entering into separate settlement agreements
(hereinafter referred to as the “Medicaid State Settlement Agreements”) with the states which will
be receiving settlement funds from Pediatrix pursuant to Paragraph III.1.d. below for the Covered
Conduct described in Paragraph II.F. below (hereinafter referred to as the “Medicaid Participating
States”).
E. The United States and the Medicaid Participating States contend that Pediatrix knowingly
submitted or caused to be submitted false claims for payment to the Medicaid Participating States’
Medicaid programs, established pursuant to, or in connection with, Title XIX of the Social Security
Act, 42 U.S.C. §§ 1396-1396v (the “Medicaid Program”); and the United States further contends that
Pediatrix knowingly submitted or caused to be submitted claims for payment to the TRICARE Program
(formerly known as the Civilian Health and Medical Program of the Uniformed Services (“CHAMPUS”)),
10 U.S.C. §§ 1071-1110, which is administered by the Department of
Defense through TMA, and to FEHBP, 5 U.S.C §§ 8901-8914, which is administered by the Xxxxxx
xx Xxxxxxxxx Xxxxxxxxxx.
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X. Xxx Xxxxxx Xxxxxx contends that it has claims under the False Claims Act, 31 U.S.C. §§
3729-3733, and that it and the Medicaid Participating States (hereinafter collectively referred to
as the “Government”) have certain other civil claims against Pediatrix for engaging in the
following conduct with respect to the Medicaid, TRICARE, and FEHB programs: that Pediatrix during
the period from January 1, 1996 through December 31, 1999, improperly billed CPT codes applicable
to neonatal services that did not accurately correspond to the medical condition of the infant or
the services provided (hereinafter referred to as the “Covered Conduct”), including, but not
limited to the following:
1. Pediatrix admitted infants to NICUs using CPT code 99295 (admission of critically ill
infant), and knowingly submitted false claims for payments to the above-referenced federal
programs, when the Government contends that at certain times, as many as one-third or more of those
infants were not in fact critically ill;
2. Pediatrix used CPT codes 99296 (critical/unstable) and 99297 (critical/stable) for
subsequent days of treatment, and knowingly submitted false claims for payments to the
above-referenced federal programs, when the Government contends that at certain times,
as many as one-half or more of those infants were not in fact critically ill;
3. Pediatrix used CPT codes 99296 (critical/unstable) and 99297 (critical/stable) on
discharge days, representing the last
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days of service, and knowingly submitted false claims for
payments to the above-referenced federal programs, when the Government contends that at certain
times, as many as 85% or more of those infants were not in fact critically ill and should have been
discharged using CPT discharge codes 99238 or 99239.
G. The United States also contends that it has certain administrative claims, as specified in
Paragraphs 4, 5 and 6 of Article III below, against Pediatrix for engaging in the Covered Conduct.
H. Pediatrix denies the allegations of the Relator in the Civil Action, the allegations in
paragraphs E., F. and G. of this Article II and all wrongdoing and/or liability under the False
Claims Act, 31 U.S.C. 3729 through 3733.
I. This Agreement is neither an admission of liability by Pediatrix nor a concession by the
United States that its claims are not well-founded.
J. To avoid the delay, uncertainty, inconvenience, and expense of protracted litigation of the
above claims, the Parties reach a full and final settlement pursuant to the Terms and Conditions
below.
III. TERMS AND CONDITIONS
1. Pediatrix agrees to pay to the United States and to the Medicaid Participating States,
collectively, the sum of $25,078,918.00 (Twenty-five million, seventy eight thousand, nine hundred
and eighteen dollars)(the “Settlement Amount”). The United
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States agrees to pay $1,557,588.00 (One million, five hundred fifty-seven thousand, five hundred eighty-eight dollars) to Relator.
Pediatrix further agrees to pay Relator for certain agreed upon attorney’s fees and expenses. The
foregoing payments shall be made as follows:
a. Pediatrix agrees to pay the full Settlement Amount to the United States by electronic
funds transfer pursuant to written instructions to be provided by the United States Attorney’s
Office for the District of Maryland. Pediatrix agrees to make this electronic funds transfer no
later than five business days following the Effective Date of this Agreement.
b. Contingent upon the United States receiving the Settlement Amount from Pediatrix, and as
soon as feasible after receipt, the United States agrees to pay $1,557,588.00 (One million, five
hundred fifty-seven thousand, five hundred eighty-eight dollars) to Relator by electronic funds
transfer pursuant to written instructions provided by Relator’s counsel, Xxxxx X. Xxxxxx.
c. In accordance with 31 U.S.C. § 3730(d), at the same time that it pays the Settlement
Amount to the United States, Pediatrix shall convey to Relator, pursuant to Relator’s counsel’s
written instructions, payment for reasonable attorney’s fees and expenses incurred in connection
with the Civil Action as agreed to separately between Pediatrix and Relator’s counsel. This payment
of attorney’s fees is in addition to, and not included within, the Settlement Amount payment that
Pediatrix is making pursuant to this
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Agreement. Relator represents that his counsel in the Civil
Action is Xxxxx X. Xxxxxx, and Relator hereby agrees to hold Pediatrix harmless from any claims by
other attorneys known to Relator to a share of said attorney’s fees and expenses.
d. Contingent upon the United States receiving the Settlement Amount from Pediatrix, and as
soon as feasible after receipt, the United States agrees to pay $9,503,039.00 (Nine million, five
hundred three thousand, thirty nine dollars) (the “Medicaid Participating State Settlement Amount”)
by electronic funds transfer to an escrow agent to be identified by and pursuant to written
instructions to be provided by the negotiating team for the Medicaid Participating States.
Pursuant to the terms and conditions of the Medicaid State Settlement Agreements, the escrow agent
shall pay each Medicaid Participating State an amount to be determined by the
negotiating team based on each Medicaid Participating State’s relative utilization of, and
payment for, Pediatrix’s services.
2. Subject to the exceptions in Paragraph 7 below, in consideration of the obligations of
Pediatrix in this Agreement, and conditioned upon Pediatrix’s full payment of the Settlement
Amount, the United States (on behalf of itself, its officers, agents, agencies, and departments)
agrees to release Pediatrix, its wholly-owned subsidiaries, and any affiliated professional
associations, corporations, and partnerships over which Pediatrix has established a controlling
financial interest in their operations, as defined by the Financial Accounting Standards Board
(collectively
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the “Pediatrix Entities”), any of the Pediatrix Entities’ current and former
officers, directors, employees, and agents, and any of their successors and assigns (who, together
with the Pediatrix Entities, shall constitute the “Pediatrix Released Parties”) from any civil or
administrative monetary claim the United States has or may have for the Covered Conduct under the
False Claims Act, 31 U.S.C. §§ 3729-3733; the Civil Monetary Xxxxxxxxx Xxx, 00 X.X.X. § 0000x-0x;
the Program Fraud Civil Remedies Act, 31 U.S.C. §§ 3801-3812; or the common law theories of payment
by mistake, unjust enrichment, and fraud.
3. Subject to the exceptions in Paragraph 7 below, in consideration of the obligations of
Pediatrix in this Agreement, and conditioned upon Pediatrix’s full payment of the Settlement
Amount and Relator’s receipt of the payments described in Paragraph III.1.c., Relator, on
behalf of himself, his heirs, successors, partners, employees, agents, attorneys, consultants and
assigns, will dismiss the Civil Action pursuant to Paragraph 22, and covenants not to xxx with
respect to, and releases, acquits, waives and forever discharges the Pediatrix Released Parties
from any and all rights, claims, expenses, debts, liabilities, demands, obligations, costs,
damages, injuries, actions and causes of action of every nature, including under the False Claims
Act, 31 U.S.C. § 3729 et seq., whether known or unknown, suspected or unsuspected, in law or in
equity, related or unrelated to the Civil Action or the Covered Conduct, including those for
attorney’s fees, prior to the Effective Date of this Agreement.
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4. In consideration of the obligations of Pediatrix in this Agreement and the
Corporate Integrity Agreement (“CIA”) entered into between OIG-HHS and Pediatrix, and conditioned
upon Pediatrix’s full payment of the Settlement Amount, the OIG-HHS agrees to release and refrain
from instituting, directing, or maintaining any administrative action seeking exclusion from
Medicare, Medicaid, and other Federal health care programs (as defined in 42 U.S.C. § 1320a-7b(f))
against the Pediatrix Entities under 42 U.S.C. § 1320a-7a (Civil Monetary Penalties Law) or 42
U.S.C. § 1320a-7(b)(7) (permissive exclusion for fraud, kickbacks, and other prohibited activities)
for the Covered Conduct, except as reserved in Paragraph
7 below, and as reserved in this Paragraph. The OIG-HHS expressly reserves all rights to
comply with any statutory obligations to exclude Pediatrix from Medicare, Medicaid, and other
Federal health care programs under 42 U.S.C. § 1320a-7(a) (mandatory exclusion) based upon the
Covered Conduct. Nothing in this Paragraph precludes the OIG-HHS from taking action against
entities or persons, or for conduct and practices, for which claims have been reserved in Paragraph
7 below.
5. In consideration of the obligations of Pediatrix set forth in this Agreement, and
conditioned upon Pediatrix’s full payment of the Settlement Amount, TMA agrees to release and
refrain from instituting, directing, or maintaining any administrative
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action seeking exclusion
from the TRICARE Program against the Pediatrix Entities under 32 C.F.R. § 199.9 for the Covered
Conduct, except as reserved in Paragraph 7 below and as reserved in this Paragraph. TMA expressly
reserves all rights to comply with any statutory obligation to exclude Pediatrix from the Tricare
program under 32 C.F.R. §§ 199.9 (f)(1)(i)(A), (f)(1)(i)(B), and (f)(1)(iii), based upon the
Covered Conduct. Nothing in this Paragraph precludes TMA or the TRICARE Program from taking action
against entities or persons, or for conduct and practices, for which claims have been reserved in
Paragraph 7 below.
6. In consideration of the obligations of Pediatrix in this Agreement, and conditioned upon
Pediatrix’s full payment of the Settlement Amount, OPM agrees to release and refrain from instituting, directing, or
maintaining any administrative action seeking exclusion from the FEHBP against the Pediatrix
Entities under 5 U.S.C. § 8902a or 5 C.F.R. Part 970 for the Covered Conduct, except as reserved in
Paragraph 7 below and except if excluded by OIG-HHS pursuant to 42 U.S.C. § 1320a-7(a). Nothing in
this Paragraph precludes OPM from taking action against entities or persons, or for conduct and
practices, for which claims have been reserved in Paragraph 7 below.
7. Notwithstanding any term of this Agreement, specifically reserved and excluded from
the scope and terms of this Agreement as to any entity or person (including Pediatrix and Relator)
are the following claims of the United States:
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a. Any civil, criminal, or administrative liability arising under Title 26, U.S. Code
(Internal Revenue Code);
b. Any criminal liability;
c. Except as explicitly stated in this Agreement, any administrative liability, including
mandatory exclusion from Federal health care programs;
d. Any liability to the United States (or its agencies) for any conduct other than the
Covered Conduct;
e. Any liability based upon such obligations as are created by this Agreement;
f. Any civil or administrative liability of individuals (including current or former
directors, officers, employees, agents, or shareholders of Pediatrix) who are indicted, charged, or
convicted for, or who enter into a plea agreement to, the Covered Conduct.
8. Relator and his heirs, successors, attorneys, agents, and assigns agree not to object to
this Agreement and agree and confirm that this Agreement is fair, adequate, and reasonable under
all the circumstances, pursuant to 31 U.S.C. § 3730(c)(2)(B) and, conditioned upon receipt of
Relator’s share, Relator, for himself individually, and for his heirs, successors, agents, and
assigns, fully and finally releases, waives, and forever discharges the United States, its
officers, agents, and employees, from any claims arising from or relating to 31 U.S.C. § 3730; from
any claims arising from the filing of the Civil Action; and from any other claims for a share of
the
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Xxxxxxxxxx Xxxxxx; and in full settlement of any claims Relator may have under this Agreement.
This Agreement does not resolve or in any manner affect any claims the United States has or may
have against the Relator arising under Title 26, U.S. Code (Internal Revenue Code), or any claims
arising under this Agreement.
9. Conditioned upon receipt of the payments described in Paragraph III.1.c., Relator, for
himself, and for his heirs, successors, attorneys, agents, and assigns, agrees to release the
Pediatrix Released Parties from any liability to Relator arising from the filing of the Civil Action, including claims under 31 U.S.C. § 3730(d) for attorney’s
fees and expenses, and any other claims the Relator has asserted or could have asserted, whether or
not relating to the Civil Action, as of the Effective Date of this Agreement. In consideration of
the obligations of the Relator set forth in this Agreement, the Pediatrix Released Parties fully
and finally release, waive and forever discharge the Relator and his heirs, successors, assigns,
agents and attorneys from any claims the Pediatrix Released Parties have asserted or could have
asserted, whether or not relating to the Civil Action, as of the Effective Date of this Agreement.
10. In the event of any criminal prosecution or administrative action relating to the
Covered Conduct, Pediatrix waives and shall not assert any defenses Pediatrix may have based in
whole or in part on a contention that, under the Double Jeopardy Clause in the Fifth Amendment of
the Constitution, or under the
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Excessive Fines Clause in the Eighth Amendment of the Constitution,
this Agreement bars a remedy sought in such criminal prosecution or administrative action. Nothing
in this Paragraph or any other provision of this Agreement constitutes an agreement by the United
States concerning the characterization of the Settlement Amount for purposes of the Internal
Revenue laws, Title 26 of the United States Code.
11. The Pediatrix Released Parties fully and finally release the United States, its agencies,
employees, servants, and agents from any claims (including attorney’s fees, costs, and expenses of
every kind and however denominated) that the Pediatrix Released Parties have asserted, could have
asserted, or may assert in the future against the United States, its agencies, employees, servants,
and agents, related to the Covered Conduct and the United States’ investigation and prosecution
thereof.
12. The Settlement Amount shall not be decreased as a result of the denial of claims for
payment now being withheld from payment by any TRICARE or FEHBP carrier or intermediary, or by any
state payer, related to the Covered Conduct; and Pediatrix shall not resubmit to any TRICARE or
FEHBP carrier or intermediary, or to any state payer, any previously denied claims related to the
Covered Conduct, and shall not appeal any such denials of claims.
13. Pediatrix agrees to the following to the extent applicable:
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a. Unallowable Costs Defined: That all costs (as defined in the Federal
Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security
Act, 42 U.S.C. §§ 1395-1395ggg and 1396-1396v; and the regulations and official program directives
promulgated thereunder) incurred by or on behalf of Pediatrix, its present or former officers,
directors, employees, shareholders, and agents in connection with the following shall be
“unallowable costs” on government contracts and under the Medicaid Program, TRICARE Program,
and FEHBP:
(1) the matters covered by this Agreement;
(2) the United States’ or any states’ audits and investigations of the matters covered by this
Agreement;
(3) Pediatrix’s investigation, defense, and corrective actions undertaken in response to the
United States’ or any states’ audits and investigations in connection with the matters covered by
this Agreement (including attorney’s fees);
(4) the negotiation and performance of this Agreement;
(5) the payments Pediatrix makes to the United States and to the Medicaid Participating States
pursuant to this Agreement and any payments that Pediatrix may make to Relator, including
attorney’s fees and expenses; and
(6) the negotiation of, and obligations undertaken pursuant to the CIA to:
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(i) retain an independent review organization to perform annual reviews as described in
Section III of the CIA; and
(ii) prepare and submit reports to the OIG-HHS. However, nothing in this Paragraph
13.a.(6) that may apply to the obligations undertaken pursuant to the CIA affects the status of
costs that are not allowable based on any other authority
applicable to Pediatrix. (All costs described or set forth in this Paragraph 13.a are
hereafter “unallowable costs.”)
b. Future Treatment of Unallowable Costs: If applicable, these unallowable costs
shall be separately determined and accounted for by Pediatrix, and Pediatrix shall not charge such
unallowable costs directly or indirectly to any contracts with the United States or any State
Medicaid program, or seek payment for such unallowable costs through any cost report, cost
statement, information statement, or payment request submitted by Pediatrix or any of its
subsidiaries or affiliates to the Medicaid, TRICARE, or FEHBP Programs.
c. Treatment of Unallowable Costs Previously Submitted for Payment: If
applicable, Pediatrix further agrees that within 90 days of the Effective Date of this Agreement it
shall identify to applicable TRICARE fiscal intermediaries, carriers, and/or contractors, and
Medicaid and FEHBP fiscal agents, any unallowable costs (as defined in this Paragraph) included in
payments previously sought from the United States, or any State Medicaid
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program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or
payment requests already submitted by Pediatrix or any of its subsidiaries or affiliates, and shall
request, and agree, that such cost reports, cost statements, information reports, or payment
requests, even if already settled, be adjusted to account for the effect of the
inclusion of the unallowable costs. Pediatrix agrees that the United States, at a minimum,
shall be entitled to recoup from Pediatrix any overpayment plus applicable interest and penalties
as a result of the inclusion of such unallowable costs on previously-submitted cost reports,
information reports, cost statements, or requests for payment.
Any payments due after the adjustments have been made shall be paid to the United States
pursuant to the direction of the Department of Justice and/or the affected agencies. The United
States reserves its rights to disagree with any calculations submitted by Pediatrix or any of its
subsidiaries or affiliates on the effect of inclusion of unallowable costs (as defined in this
Paragraph) on Pediatrix or any of its subsidiaries or affiliates’ cost reports, cost statements, or
information reports.
d. Nothing in this Agreement shall constitute a waiver of the rights of the United States to
audit, examine, or re-examine Pediatrix’s books and records to determine that no unallowable costs
have been claimed in accordance with the provisions of this Paragraph.
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14. This Agreement is intended to be for the benefit of the Parties only, including
the Pediatrix Released Parties. The Parties do not release any claims against any other person or
entity, except to the extent provided for in Paragraph 15 below.
15. Pediatrix waives and shall not seek payment for any of the health care xxxxxxxx covered
by this Agreement from any health care beneficiaries or their parents, sponsors, legally
responsible individuals, or third party payers based upon the claims defined as Covered Conduct.
16. Pediatrix warrants that it has reviewed its financial situation and that it
currently is solvent within the meaning of 11 U.S.C. §§ 547(b)(3) and 548(a)(1)(B)(ii)(I), and
shall remain solvent following payment to the United States of the Settlement Amount. Further, the
Parties warrant that, in evaluating whether to execute this Agreement, they (a) have intended that
the mutual promises, covenants, and obligations set forth constitute a contemporaneous exchange for
new value given to Pediatrix, within the meaning of 11 U.S.C. § 547(c)(1); and (b) conclude that
these mutual promises, covenants, and obligations do, in fact, constitute such a contemporaneous
exchange. Further, the Parties warrant that the mutual promises, covenants, and obligations set
forth herein are intended to and do, in fact, represent a reasonably equivalent exchange of value
that is not intended to hinder, delay, or defraud any entity to which Pediatrix was or became
indebted to on or after the date of this transfer, within the meaning of 11 U.S.C. § 548(a)(1).
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17. Except as expressly provided to the contrary in this Agreement, each Party shall bear
its own legal and other costs incurred in connection with this matter, including the preparation and performance of this
Agreement.
18. Pediatrix represents that this Agreement is freely and voluntarily entered into without
any degree of duress or compulsion whatsoever.
19. Relator represents that this Agreement is freely and voluntarily entered into without
any degree of duress or compulsion whatsoever.
20. This Agreement is governed by the laws of the United States. The Parties agree that the
exclusive jurisdiction and venue for any dispute arising between and among the Parties under this
Agreement is the United States District Court for the District of Maryland, except that disputes
arising under the CIA shall be resolved exclusively under the dispute resolution provisions in the
CIA.
21. This Agreement constitutes the complete agreement between the Parties. This
Agreement may not be amended except by written consent of the Parties.
22. Upon receipt of the payments described in Paragraph 1.a.-c. above, the United States and
Relator shall promptly sign and file in the Civil Action a Joint Stipulation of Dismissal, with
prejudice, of the Civil Action pursuant to the terms of this Agreement.
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23. The individuals signing this Agreement on behalf of Pediatrix represent and warrant that
they are authorized by Pediatrix to execute this Agreement. The individual signing this Agreement on behalf of
Relator represents and warrants that he is authorized by Relator to execute this Agreement. The
United States signatories represent that they are signing this Agreement in their official
capacities and that they are authorized to execute this Agreement.
24. This Agreement may be executed in counterparts, each of which constitutes an original
and all of which constitute one and the same Agreement.
25. This Agreement is binding on Pediatrix’s successors, transferees, heirs, and assigns.
26. This Agreement is binding on Relator’s successors, transferees, heirs, and assigns.
27. All Parties consent to the United States’ disclosure of this Agreement, and
information about this Agreement, to the public.
28. Any notices required under this Agreement shall be directed to the following persons:
On behalf of Pediatrix:
Xxxxxx X. Xxxxxxx (or his successor)
Senior Vice President and General Counsel
Pediatrix Medical Group, Inc.
000 Xxxxxxx Xxxxxxx
Senior Vice President and General Counsel
Pediatrix Medical Group, Inc.
000 Xxxxxxx Xxxxxxx
Xxxxxxx, Xxxxxxx 00000
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On behalf of the United States, its agencies,
departments and divisions:
departments and divisions:
Xxx X. Xxxxxxxxxx (or his successor)
United States Attorney
000 X. Xxxxxxx Xxxxxx
Xxxxxxxxx, Xxxxxxxx 00000
United States Attorney
000 X. Xxxxxxx Xxxxxx
Xxxxxxxxx, Xxxxxxxx 00000
On behalf of the Relator:
Xxxxx X. Xxxxxx
X.X. Xxx 000
Xx. Xxxxxxx, Xxx Xxxx 00000
Xxxxx X. Xxxxxx
X.X. Xxx 000
Xx. Xxxxxxx, Xxx Xxxx 00000
29. This Agreement is effective on the date of signature of the last signatory to the
Agreement (the “Effective Date”). Facsimiles of signatures shall constitute acceptable, binding
signatures for purposes of this Agreement.
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XXX XXXXXX XXXXXX XX XXXXXXX
| XXX X. XXXXXXXXXX United States Attorney |
||||
| DATED: 9/21/06 | BY: /s/ Xxxxx Xxxxxxx | |||
| Xxxxx Xxxxxxx | ||||
| Assistant United States Attorney | ||||
| DATED: 9/20/06 | BY: /s/ Xxxxx XxXxxxxxx | |||
| Xxxxx XxXxxxxxx | ||||
| Assistant United States
Attorney XXXX X. EID United States Attorney |
||||
| DATED: 9/19/06 | BY: /s/ Xxxxx Xxxxxxxx | |||
| Xxxxx Xxxxxxxx | ||||
| Assistant United States Attorney | ||||
| DATED: 9/18/06 | BY: /s/ Xxxxxxx X. Xxxxxx | |||
| XXXXXXX X. XXXXXX | ||||
| Assistant Inspector General for
Legal Affairs Office of Counsel to the Inspector General Office of Inspector General United States Department of Health and Human Services |
||||
| DATED: 9/20/06 | BY: /s/ Xxxxxx X. Xxxxxxxxx | |||
| XXXXXX X. XXXXXXXXX | ||||
| Deputy General Counsel TRICARE Management Activity United States Department of Defense |
||||
| DATED: 9/18/06 | BY: /s/ Xxxxxxxx XxXxxxxxxx | |||
| XXXXXXXX XxXXXXXXXX Deputy Associate Director Center for Retirement & Insurance Services United States Office of Personnel Management |
||||
| DATED: 9/18/06 | BY: /s/ J. Xxxxx Xxxx | |||
| J. XXXXX XXXX Assistant Inspector General for Legal Affairs United States Office of Personnel Management |
||||
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PEDIATRIX MEDICAL GROUP, INC. — DEFENDANT
| DATED: 9/19/06 | BY: /s/ Xxxxxx X. Xxxxxxx | |||
| Xxxxxx X. Xxxxxxx Senior Vice President and General Counsel Pediatrix Medical Group, Inc. |
||||
| DATED: 9/20/06 | BY: /s/ Xxxxxx X. Xxxxx, Xx. | |||
| Xxxxxxx X. Xxxxxx | ||||
| Xxxxxx X. Xxxxx Xx. Xxxxx & Xxxxxxx L.L.P. Counsel for Pediatrix | ||||
Xxxxxx X. Xxxx, MD - RELATOR
| DATED: 8/21/06 | BY: /s/ Xxxxxx X. Xxxx, MD | |||
| Xxxxxx X. Xxxx, MD | ||||
| DATED: 9/18/06 | BY: /s/ Xxxxx X. Xxxxxx | |||
| Xxxxx X. Xxxxxx | ||||
| Counsel for Relator | ||||
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