BOSTON, MA – First Psychiatric Planners, Inc. d/b/a Bournewood Health Systems agreed to pay at least $5.5 million and up to $6.5 million to resolve allegations that it violated the federal and Massachusetts False Claims Acts.
According to court documents, Bournewood provided free sober housing to substance use recovery patients enrolled in Medicare and Medicaid to induce these patients to participate in Bournewood’s Partial Hospitalization Program (PHP) in violation of the federal and Massachusetts Anti-Kickback Statutes.
Bournewood frequently sent recovery patients to sober homes whose owners and operators engaged in unlawful behavior and exploited vulnerable recovery patients.
Bournewood is a behavioral health organization that provides inpatient and outpatient mental health and dual diagnosis care for adults and adolescents in Brookline with offices in Dedham and Woburn, Mass. Bournewood’s PHP is a month-long outpatient therapy program providing substance use treatment and psychiatric care to patients after they complete rehabilitation in an inpatient detoxification facility.
According to the settlement agreement, Bournewood admits and acknowledges that from at least Sept. 16, 2013 through May 31, 2022, it contracted with sober homes to house patients of Bournewood’s PHP receiving federal or Massachusetts health care program benefits. Bournewood only paid housing fees to sober homes on behalf of a patient if that patient enrolled in and attended Bournewood’s PHP.
The three largest sober homes that Bournewood contracted with were Steps to Solutions, Inc., Brady’s Place and Recovery Education Services, who collectively housed 79% of Bournewood’s PHP patients.
In May 2024, a federal jury in Boston found the owner and operator of Steps to Solutions, Inc. liable for sexual harassment and retaliation against tenants of his sober homes, in violation of the Fair Housing Act and awarded seven victims a combined total of $3.8 million. In May 2023, the United States Attorney’s Office announced a 37-count indictment against the manager of Brady’s Place for his participation in a fraud scheme. In 2019, the owner and operator of Recovery Education Services, Inc. pleaded guilty to a 36-count indictment brought by the Massachusetts Attorney General’s Office related to his management of the sober home which included former Bournewood PHP patients. He was sentenced to two-and-a-half years in state prison.
The federal Anti-Kickback Statute (AKS) prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare and other federally funded programs. The statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.
“Unlawful kickbacks can corrupt medical judgment, jeopardize patients’ health and create an uneven playing field for companies that play by the rules,” said Acting United States Attorney Joshua S. Levy. “Our office remains committed to investigating and holding companies that pay kickbacks accountable. As we continue to combat the opioid crisis, we need to focus on getting people services based on what will best aid their recovery.
Bournewood Health Systems, Kickback Scheme, Massachusetts 2022
Key Facts
- State: Massachusetts
- Category: White Collar Crime
- Source: DOJ Press Release â†â€â€
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