Biovail Settles with SEC. Three Executives Still under Investigation.

March 24, 2008

The U.S. said on Monday that Canada’s . will pay $10 million to settle fines stemming from a probe into . 

The SEC said current and former senior Biovail executives were obsessed with meeting quarterly and annual targets, and they overstated and hid losses to deceive investors.

The SEC complaint alleges that in October 2003, Biovail and some of its executives schemed to deceive investors by falsely attributing nearly half of Biovail’s failure to meet its third quarter forecast to a single truck accident.

The complaint also alleges that over several reporting periods in 2001 and 2002, Biovail improperly moved about $47 million in research and development expenses off its financial statements and on to the financial statements of a special purpose entity.

The SEC also claimed that Biovail intentionally misstated foreign exchange losses that caused its 2003 second quarter loss to be understated by about $3.9 million.

Despite the settlement, the drugmaker’s founder, Eugene Melnyk, and three other current and former executives still face charges.

In addition, Canada’s major securities regulator, the Ontario Securities Commission, said it has scheduled a hearing for April 22 on issues concerning Biovail.

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$9 Million to Woman with Breast Cancer for Cancelled Health Insurance

March 14, 2008

A woman who had her canceled as she was for has been awarded more than $9 million in a case against one of California’s largest .

Patsy Bates, 52, a hairdresser from Gardena, had been left with more than $129,000 in when . canceled her policy in 2004.

Arbitration judge Sam Cianchetti ordered Health Net to repay that amount while providing $8.4 million in and $750,000 for emotional distress.

“It’s hard to imagine a situation more trying than the one Bates has had to endure,” Cianchetti wrote in his findings. “The rug was pulled out from underneath, and that occurred at a time when she is diagnosed with , one of the leading causes of death for women.”

In fact, she was in the hospital getting prepped for surgery when she first learned Health Net was dropping her.

Some of the documents Health Net was forced to hand over revealed that senior analyst, , single-handedly dropped hundreds of policy holders like Bates from the rolls every year.

The shocker: the company awarded her bonuses based on how many policy holders she dropped.

The company called 2003 - the year Fowler dropped Patsy Bates - “a banner year” for her, for saving the company $6 million in what they call “unnecessary .”

Health Net said it was implementing a freeze on policy cancellations that would last until the company sets up a third-party review panel to scrutinize cases.

“Obviously we regret the way that this has turned out, but we are intent on fixing the processes to maintain the public trust,” Health Net spokesman David Olson said.

Bates had previously been insured with another company but was persuaded to switch over to a Health Net policy after an agent suggested she could save money.

She said she had undergone surgery to remove the tumor and had received her first two chemotherapy treatments when stopped treating her because her bills were going unpaid.

She went on to complete her cancer treatment through a state-funded program.

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New York Takes it to Fatcat Insurance Companies

February 21, 2008

On February 13, 2008, New York State Attorney General Andrew M. Cuomo launched a nation-wide investigation into a scheme by insurers defrauding the consumers by manipulating the . He has issued 16 subpoenas to the nation’s largest insurance providers such as Aetna (NYSE: AET), CIGNA (NYSE: CI), and Empire BlueCross BlueShield (NYSE:WLP). He also has future plans to file against Ingenix, Inc, and its parent company UnitedHealth Group (NYSE: UNH), along with three additional subsidiaries.

Ingenix, Inc. provides data used by most major health to determine for out-of-network medical expenses. After six-month investigation, it was revealed that Ingenix has been operating on a defective and manipulated database, by placing an artificially low to patients. Under the United insurers’ health plans, members pay a higher premium to have the option to use out-of-network , while the insurers promise to cover up to 80% of either the doctor’s full bill or of the “reasonable and customary” rate depending on which is cheaper. While United insurers knew most simple doctor visits estimate around $200, they claimed that “reasonable and customary” rate is only $77. The insurers then only reimburse 80%, covering $62 for a $200 bill, and leaving the patients to cover the $138 balance.

However, insurers argue that Mr. Cuomo’s investigation does not take into account how the determine what they charge for their services.

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