Medical Equipment Company Agrees to Pay $800,000 to Resolve False Claims Act Action

On September 23, 2020 Handicare USA (doing business as Prism Medical Services), agreed to pay the United States $800,000 to resolve allegations that it knowingly submitted false claims to the Department of Veteran Affairs (“VA”) in the performance of various contracts to install patient ceiling lifts in VA hospitals. Handicare USA manufactures and installs patient lift and mobility systems for hospitals and rehabilitation centers. Handicare USA entered into various contracts with the VA to install patient ceiling lifts in VA hospitals and other VA medical or healthcare facilities. The VA contracts specifically required that all parts and products must be compliant with the Trade Agreements Act, a statute that provides that the government may acquire only products made within the United States or from “designated” countries who abide by certain trade laws with the United States. Handicare USA knew of the importance of this requirement and submitted a certification at the time of contracting that every part installed was “made in the United States,” and further submitted engineering certifications that the parts installed were from a manufacturer who manufactured and sold only American-made products.

Based on a tip from a whistleblower, an agent from the VA Office of the Inspector General inspected the patient lift systems of several VA hospitals and found that Handicare USA used inferior and cheaper parts made in China, a non-designated country, for the mounting system that secured the patient lift to the ceiling. Even more, the Office of the Inspector General learned that Handicare USA supervisors at the project sight specifically instructed personnel to install the parts so that the “Made in China” stamps on the metal parts would be against the building bulkheads or otherwise not visible for inspection.

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