United States v. Healthwin-Midtown Convalescent Hospital & Rehabilitation Center, Inc.

Opinion and Order

MALETZ, Judge: 1

This is an action by the United States to recover Medicare funds paid to the Healthwin-Midtown Convalescent Hospital and Rehabilitation Center, Inc. (Healthwin). The defendants are Healthwin and Israel Zide, its former president and owner of fifty percent of its stock.

The facts are as follows: On September 14, 1971, Healthwin was organized in California for the purpose of operating a health care facility. From that date, until November 30,1974, it participated as a provider of services under the Medicare Act, 42 U.S.C. § 1395 et seq., and received periodic…