ArthroCare Corp. (PINK SHEETS: ARTC) announced today that a review being
conducted by the Audit Committee has identified certain improper
practices in the insurance billing and healthcare compliance practices
associated with the Company's Spine Business Unit.
While the review, which is being conducted with the assistance of
outside counsel Latham & Watkins LLP, is not yet complete (as described
below), the Audit Committee has reviewed evidence that indicates that
the Company’s Spine Business Unit engaged in and may have caused others
to engage in improper practices in certain instances by: (1) seeking
separate reimbursement from insurers for Company products in connection
with procedures which were contractually reimbursed on a global basis;
(2) making inaccurate statements in claims submitted to insurers
regarding the place where particular procedures were performed; (3)
providing physicians and insurers with descriptions of Company
technologies which had the effect of circumventing payor policies that
did not cover such technologies; and (4) recommending and advocating to
physicians the use of a Current Procedural Terminology code to identify
its coblation nucleoplasty technology that was not approved by the
American Medical Association and may have not properly described the
procedure that was performed. The improper practices
identified to date by the review may have occurred since at least 2006.
The Audit Committee was informed that certain sales and marketing
personnel within the Spine Business Unit provided physicians and their
billing staff with merchandise and administrative services at no charge
potentially in exchange for their utilization of the Company’s products.
The Audit Committee has determined that Company personnel at all levels
lacked adequate healthcare compliance training and that Company billing
personnel lacked adequate training and supervision in insurance
reimbursement requirements. In addition to considering and implementing
remediation efforts, the Audit Committee is undertaking a review of such
practices in other business units.
The Company is unable to estimate the possible effect of the review on
the ongoing restatement of its financial statements for the years 2000
through 2007 and the quarter ended March 31, 2008.
In connection with the review, the Company announced the departure,
effective immediately, of Michael A. Baker from his position as the
Company's President and Chief Executive Officer. Mr. Baker currently
remains a member of the Company’s Board of Directors. The Company also
announced the resignations, effective immediately, of Michael Moehring,
former Vice President and General Manager of the Spine Business Unit,
and Michael Denker, former Director of Sales Development and Training.
The Board of Directors has named David Fitzgerald as Acting President
and Chief Executive Officer. Mr. Fitzgerald, age 75, has been a member
of the Company's Board of Directors since 2003. Mr. Fitzgerald, who has
stepped down as a member of the Compensation and Audit Committees of the
Board of Directors, will remain as a member of the Board of Directors.
Prior to becoming a member of the Company's Board of Directors, he spent
twenty-five years in management positions at Pfizer, Inc., serving as
President and Chief Executive Officer of its Howmedica division during
his last fifteen years with the company, prior to retiring in 1996. Mr.