To: Bidder who wrote (29357 ) 2/20/2000 11:28:00 PM From: Witold Read Replies (1) | Respond to of 150070
FSEMP: sec.gov NOTE 4. SPECIAL CHARGE FOR SETTLEMENT OF INVESTIGATIONS AND RELATED COSTS Since 1995, NMC and its subsidiaries have been the subject of criminal and civil investigations (the "OIG Investigations") by the Office of Inspector General ("OIG") of the United States Department of Health and Human Services, the United States Attorney for the District of Massachusetts (the "U.S. Attorney's Office") and other authorities concerning possible violations of federal laws, including the anti-kickback statutes and the False Claims Act. NMC has reached a preliminary agreement (the "Preliminary Agreement") with the United States Government to resolve the matters covered in the OIG Investigation and NMC's administrative appeals of an estimated $150 million of outstanding Medicare receivables for IDPN therapy rendered on and before December 31, 1998 (collectively, the "Settlement"). Consummation of the Settlement is subject to negotiation of certain material currently unresolved terms of the Settlement, completion and execution of definitive Settlement documents, satisfaction of certain conditions, and court approval. (See Note 6 - "Commitments and Contingencies - Legal Proceedings"). As a result of the Preliminary Agreement, the Company has recorded a special pre-tax charge of $590 million ($412 million, net of income taxes) which includes (i) a charge of approximately $485 million for tentative civil and criminal settlement payment obligations to the government; (ii) a reserve of approximately $80 million for the resolution of the Company's IDPN accounts receivable; and (iii) a reserve for other related costs of $25 million.