What is the name of your state?Florida
Years ago, I sold my practice and retired. I was a Physical Therapist, and owned a Comprehensive Outpatient Rehabilitation Facility (CORF). This is a very specialized area of the law as it involves Part A (not B) Medicare. Not many attorneys specialize in this area of the law. The sales agreement was a 100% stock purchase agreement for an S type corp. The Part A Medicare provider number was included, as it should be in the sales agreement.
I have just received a notice from a collection agency that for 2 of the years I owned this CORF, Medicare claims overpayments were made to me. The purchasers of this CORF, later went down for fraud charges, but never disclosed the demand letters that were sent to the CORF. The collection agency is giving me the "opportunity" to "voluntarily" remit payments due, before they turn it over to the U.S. Justice Dept. for "nonvoluntary payment".
My attorney said that I am in the clear...S type corp. veil of separation of business and personal. All assets/liabilites post sale date are incurred by the new owners. Medicare letters came after the sales date, owners never forwarded them back to Medicare or to me.
I called another attorney, and he said I owe the money. No S type corp. veil on federal funds through Medicare. He said the U.S. Justice Dept. can lein my property, etc.
Thus the debate.
I will be contacting other attorneys in the A.M., but wanted to run this by the forum in the meantime. Anyone out there have any knowledge on highly specialized area of law?
Thx
Years ago, I sold my practice and retired. I was a Physical Therapist, and owned a Comprehensive Outpatient Rehabilitation Facility (CORF). This is a very specialized area of the law as it involves Part A (not B) Medicare. Not many attorneys specialize in this area of the law. The sales agreement was a 100% stock purchase agreement for an S type corp. The Part A Medicare provider number was included, as it should be in the sales agreement.
I have just received a notice from a collection agency that for 2 of the years I owned this CORF, Medicare claims overpayments were made to me. The purchasers of this CORF, later went down for fraud charges, but never disclosed the demand letters that were sent to the CORF. The collection agency is giving me the "opportunity" to "voluntarily" remit payments due, before they turn it over to the U.S. Justice Dept. for "nonvoluntary payment".
My attorney said that I am in the clear...S type corp. veil of separation of business and personal. All assets/liabilites post sale date are incurred by the new owners. Medicare letters came after the sales date, owners never forwarded them back to Medicare or to me.
I called another attorney, and he said I owe the money. No S type corp. veil on federal funds through Medicare. He said the U.S. Justice Dept. can lein my property, etc.
Thus the debate.
I will be contacting other attorneys in the A.M., but wanted to run this by the forum in the meantime. Anyone out there have any knowledge on highly specialized area of law?
Thx