WKONA officials contend WKU deal violates anti-kickback laws

Officials at Bowling Green-based Western Kentucky Orthopaedic and Neurosurgical Associates filed a statement claiming Western Kentucky University's $22 million deal to build a sports complex represents a "textbook violation of the Federal Anti-kickback Statute," according to the Bowling Green Daily News.

The statement was intended to supplement a protest filed earlier this month with the state's finance and administration cabinet. Officials denied the protest on Oct. 21.

Jonathan Miller, a lawyer on behalf of WKONA, wrote in a statement that WKU's proposed deal "intend[ed] to exchange exclusive operations of a healthcare clinic that derives significant income from Medicare and Medicaid patients for a $22 million facility," according to the article. 

Under the previous arrangement, Bowling Green-based The Medical Center would have paid for and built a new sports medicine complex on the university's campus. The organization would have also been responsible for all health services for university students, staff and faculty. WKONA officials argued that the deal excluded other entities from competing for the project.

However, during a legislative committee meeting on Oct. 18, two affidavits surfaced showing that WKONA officials were first approached by the university to participate in the project, but rejected the offer. 

Following the protest, WKU rescinded its deal with The Medical Center in September and has since allowed other organizations to bid for the contract. According to WKU officials, the bidding process, which was placed on hold after the protests were filed, will be extended two weeks to compensate interested parties for the time lost.

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