Albuquerque Journal

Presbyteri­an settles state lawsuit for $18.5 million

Health care giant allegedly filed fraudulent tax returns

- BY STEVE SINOVIC

Presbyteri­an Healthcare Services, New Mexico’s largest health care provider, has agreed to pay $18.5 million to the state to settle a lawsuit that alleged it filed fraudulent tax forms to avoid Medicaid premium taxes dating back to 2003.

“We are pleased that we can announce today that we have been working alongside the Attorney General’s Office and mutually agreed on a settlement going forward,” said Dale Maxwell, president and chief executive of Presbyteri­an. Maxwell said fraud allegation­s are dismissed under the settlement agreement, but it doesn’t address the insurer’s entire tax liability identified in a recent audit.

“We place a high priority on honoring our obligation­s to the state we have served for 109 years,” Maxwell said. “In fact, we have paid more than $345 million in premium tax payments over the past 15 years.”

The state’s case against Presbyteri­an stemmed from a whistleblo­wer lawsuit filed by three employees at the Office of the

Superinten­dent of Insurance: accountant and auditor Monica Galloway, financial audit bureau chief Shawna Maestas and chief administra­tive officer Jolene Gonzales. The AG’s Office took over the case earlier this year.

The settlement comes almost four months after the lawsuit was filed against Presbyteri­an Health Plan Inc., Presbyteri­an Network Inc. and Presbyteri­an Insurance Co. Inc.

The original plaintiffs and their attorney will receive 20 percent of the settlement, according to the agreement and terms of the state’s Fraud Against Taxpayers Act. They stood to receive more if they had prevailed in court without the attorney general’s interventi­on.

In its defense, Presbyteri­an says state insurance regulators reviewed and approved the company’s amendments to past tax payments.

Maxwell said the payment to the state will come from reserves and operating funds.

Attorney General Hector Balderas said Presbyteri­an “stepped up and did the right thing” with the settlement, and the payment “returns critical funds to the state coffers” to fund Medicaid coverage.

Balderas said New Mexico “has done a horrible job of assessing, recovering and collecting taxes owed by insurance companies” and said the state can ill afford having the same regulatory body responsibl­e for setting rates for insurers to also be collecting taxes.

The settlement represents a larger amount than the roughly $14.6 million in unpaid Medicaid premium taxes and fees due from Presbyteri­an, as described in the state’s industrywi­de audit of insurance companies that shows them $65 million in arrears.

According to Presbyteri­an, $15.3million of the settlement amount reflects the payment in full by PHP of premium taxes related to health insurance premiums for 2003 and 2004 “where there were complex, and in some cases contradict­ory, changes in the state’s premium tax laws.” The $3.5 million figure “reflects a compromise of disputed claims to avoid time-consuming and expensive litigation, the outcome of which was uncertain,” Presbyteri­an said in a prepared statement.

Presbyteri­an and state officials said the settlement resolves those debts, but not an additional $14 million in estimated underpayme­nt related to tax credits that offset Presbyteri­an’s contributi­ons to a high-risk insurance pool for people who are denied insurance or are considered uninsurabl­e.

Maxwell said those estimated underpayme­nts are related to a recent regulatory change that delays insurance-pool tax credits until the year after payments to the insurance pool. Presbyteri­an will be working with the OSI to clear up the rest of its tax liability.

“We look forward to getting this issue behind us,” he said.

A newly released audit places Presbyteri­an Health Plan at the top of a list of 17 insurance companies with unpaid taxes that are owed to the state.

Records released by the New Mexico Office of the State Auditor last week show a $28.9 million underpayme­nt of taxes at the for-profit arm of Presbyteri­an Healthcare Services since 2003.

The state collects hundreds of millions of dollars each year through a 3 percent tax on insurance premiums and additional surcharges.

 ??  ?? Presbyteri­an President and CEO Dale Maxwell
Presbyteri­an President and CEO Dale Maxwell
 ??  ?? Attorney General Hector Balderas
Attorney General Hector Balderas

Newspapers in English

Newspapers from United States