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SAN DIEGO (CNS) - San Diego-based medical equipment manufacturer ResMed Corp. has agreed to pay more than .5 million to resolve allegations that it paid kickbacks to suppliers, sleeps labs and other health care providers in exchange for referrals and prescriptions for its products, the Department of Justice announced Wednesday.The government accused ResMed of violating the Anti-Kickback Statute of the False Claims Act by providing free or below-cost medical equipment to companies in several states. Court documents state that ResMed's products -- which treat sleep apnea and other sleep disorders -- were provided to companies that in some cases began writing prescriptions to their patients entirely for ResMed equipment.Prosecutors say some examples of ResMed kickbacks included free home sleep testing devices, free or below-cost positive airway pressure masks and diagnostic machines, and free telephone call center and patient outreach services that allowed the companies to order resupplies for sleep apnea patients.RELATED: San Diego suing SDG&E for allegedly delaying pure water projectThe settlement agreement resolves five lawsuits filed by whistleblowers, who will collectively receive around .2 million out of the total settlement."Paying any type of illegal remuneration to induce patient referrals undermines the integrity of our nation's health care system," said Assistant Attorney General Jody Hunt. "When a patient receives a prescription for a device to treat a health care condition, the patient deserves to know that the device was selected based on quality of care considerations and not on unlawful payments from equipment manufacturers." 1679

SAN DIEGO (CNS) - The San Diego City Council declined to report details of its closed-door discussion Tuesday on a draft appraisal of price and payment terms for the city's potential sale of the SDCCU Stadium site to San Diego State University.The council met in closed session to discuss the undisclosed terms of the appraisal with its negotiating team, composed of officials in various city departments and the city attorney's office. Both the city and SDSU have expressed an intent to exchange the property for "fair market value," but what that entails remains opaque.D.F. Davis Real Estate estimated the fair market value of the site sits at .2 million, according to documents.The city is currently in the process of selling a 132-acre parcel of land to SDSU as the university intends to redevelop the parcel, which includes SDCCU Stadium, into a 35,000-seat stadium to be primarily used by the university's football team, a satellite campus, a park along the San Diego River and commercial and residential space.After the closed session, City Councilwoman Barbara Bry called for the draft appraisal to be released to the public and for all future discussions of the sale to take place in an open session."It is now time for SDSU to make an offer which honors the terms of Measure G and the promises that were made during the campaign," Bry said in a statement. "This offer should include a commitment to building the river park and designing a transit-dependent development."City officials have also noted their concern over certain elements of the project's draft environmental impact report, such as the university's analysis of how the project will affect traffic patterns in Mission Valley. The council must approve a final version of the report prior to completing the sale.On Monday, the Friends of SDSU, a group of university alumni and community members, called on the city to accept the appraisal without changes, arguing that the project would be transformative for the city and SDSU will be a good steward in overseeing the land."Introduction of extraneous considerations that are inconsistent with the provisions of voter-approved Measure G or are outside the mutually agreed-to guidelines for the appraisal could substantially delay or threaten altogether the successful transfer of this property," Friends of SDSU wrote in a letter to Mayor Kevin Faulconer and the council.San Diego voters approved the plan, then known as SDSU West and now dubbed SDSU Mission Valley, last November. Since then, the university has selected two firms to oversee the planning and construction of the future stadium and campus while negotiating the sale with the city.On the project's current timeline, university officials expect the California State University Board of Trustees to consider approving a draft environmental impact report on the SDSU West plan early next year. The university expects to break ground on the project in early 2020 and complete the redevelopment in its entirety by the mid-2030s. 3022

SAN DIEGO (CNS) - San Diego County public health officials Sunday reported 3,493 COVID-19 infections as of Saturday and no new deaths, bringing the county's total to 126,465 cases and the death toll remaining at 1,280.Prior to Sunday's report, a record 3,611 COVID-19 infections were reported Friday. The cases surpassed the previous record set one week ago -- 2,867 last Friday -- by 744 new cases.Saturday's total marks the second time the number of daily infections has surpassed 3,000 as well as the 19th consecutive day with more than 1,000 cases and the 12th day overall with more than 2,000 new cases.The top four-highest daily cases have all occurred in the past week, with Wednesday's 2,807 cases, Thursday's 2,604, Friday's 3,611, and Saturday's 3,493.The county on Sunday reported 1,264 hospitalizations of COVID-19 patients and an additional 320 COVID-19 patients in ICUs.There were seven new outbreaks reported, which brings the total number of outbreaks within the last seven days to 40.On Friday, an appeals court stayed a judge's decision to halt enforcement of COVID-19 restrictions against San Diego County restaurants, meaning eateries must again abide by the state's regional stay-at-home order, at least for now.Lawyers for the state filed the emergency challenge to San Diego Superior Court Judge Joel R. Wohlfeil's preliminary injunction, which was issued Wednesday in a lawsuit filed by two San Diego strip clubs Wohlfeil ultimately ruled could remain open.Wohlfeil's ruling also encompassed all restaurants in the county and all businesses that provide "restaurant service."Three justices from the Fourth District Court of Appeals, District One, read and considered the order and stayed the injunction "pending further order of this court." The court ordered any oppositions to the state's filing to be submitted by noon Wednesday, according to an appeals court docket.Lawyers from the state argued that Wohlfeil overreached in his ruling, as no restaurants were parties in the suit initially filed in October by Cheetahs Gentleman's Club and Pacers Showgirls International.County supervisors met in closed session Friday to appeal the ruling made by Wohlfeil Wednesday."The board voted to appeal the order," said County Supervisor Greg Cox. "But the board directed county counsel to only argue that the order is incorrect as it relates to the continued operation of strip clubs and the allowance of indoor dining.""We support outdoor dining with appropriate safety protocols that have been previously established. We remind everyone that the virus is still out there," Cox said.Supervisor Nathan Fletcher concurred."I vehemently disagree with the recent judicial decision allowing strip clubs and all restaurant activities to resume, and I support appealing the entirety of the recent court ruling," he said. "It is a positive step that our board voted unanimously to join the state in the appeal as it relates to strip clubs and indoor dining."In the San Joaquin Valley, ICU beds are said to also be full. In Greater Sacramento, the estimate is 14.5% of ICU beds available; in the Bay Area, it's 12.8%.Only Northern California remains outside the Gov. Gavin Newsom-directed stay-at-home order with 21% of ICU beds available. That order applies to regions with fewer than 15% ICU beds remaining.The U.S. Food and Drug Administration has now approved a vaccine developed by Moderna to join the 28,275 Pfizer vaccines already in the region available for civilian acute health care workers.San Diego County is home to 82,623 health care workers toiling in hospital or psychiatric facilities, 39,755 of whom are considered "highest risk" and will first receive vaccines.The 28,000-plus vaccines will cover about 72% of those slated to be inoculated until more vaccines arrive in California. 3820

SAN DIEGO (CNS) - Taking swift action after Thursday's San Diego City Council meeting in which a lone franchise utility bid was revealed, Mayor Todd Gloria Friday announced he was rejecting San Diego Gas & Electric's bid for the city's gas and electric utilities.The lone bid revealed Thursday was for million -- the minimum amount set by former Mayor Kevin Faulconer in September for the 20 year contracts -- and many callers into the meeting asked for the council to ask for a one-year extension for the new mayor and councilmembers get up to speed.The Thursday meeting was informational only, but the information was enough for Gloria."After reviewing the bid submitted by SDG&E and consulting with the City Attorney's office, we have determined their bid is unresponsive to the city's invitation to bid. Therefore, I am rejecting the bid and canceling the current ITB process," Gloria said. "I will be pursuing an extension of the existing agreement between the city and SDG&E to allow enough time for the new City Council to get up to speed and more opportunities for public engagement to occur."The council must take action at its next meeting on Jan. 12; the existing franchise agreement with SDG&E expires Jan. 17. It was originally signed as a 50-year agreement starting in 1970.SDG&E, whose parent company is San Diego-based Sempra Energy, has been the sole electric and gas utility for San Diego since 1920.Gloria and five of the nine city council members were sworn in this month, leaving them just four weeks to decide whether to approve SDG&E's minimum bid for 20 years, ask for an extension to allow newly elected officials to get up to speed, cancel the process altogether and start over or pursue municipalization -- purchasing and putting the city's utilities under public control.Councilman Chris Cate, one of the four incumbent members, expressed frustration at the delay on Thursday."This is a process which has been undertaken for well over two years," he said. "We knew the deadlines years ago."He said an extension wouldn't be a good use of the city's time or resources, and shot down the municipalization idea as a costly endeavor already looked at by analysts, which the city could ill-afford as it grapples with budgetary fallout from the COVID-19 pandemic."It would not be coming from a fiscally prudent or service prudent standpoint as a city," he said.Other councilmembers urged patience."We cannot commit to a bad deal because we are in an economic downturn at the moment," said Councilman Sean Elo-Rivera. "This will affect us for years after the crisis has passed."The lone bid came as somewhat of a surprise. Berkshire Hathaway and Indian Energy had both expressed interest previously but failed to submit bids.Gloria said he would look at all the options ahead of the city."At the end of the day, my objective will be to make sure an agreement meets the needs of residents, makes financial sense for the city, is fair to ratepayers, is consistent with the goals of our Climate Action Plan and includes equitable access to environmental benefits for all our communities," Gloria said. "I will be working with the City Attorney and City Council to fully evaluate all options and next steps to achieve this goal." 3281

SAN DIEGO (CNS) -- The first woman to assume command of a U.S. nuclear-powered aircraft carrier has been assigned command of the San Diego-based USS Abraham Lincoln, the Navy announced Wednesday.Capt. Amy Bauernschmidt will lead one of the Navy's 11 nuclear-powered aircraft carriers, after previously serving as the ship's executive officer from September 2016 to January 2019.That post was also historic, as she was the first woman to serve as second-in-command aboard an aircraft carrier, according to the Navy.Bauernschmidt is slated to take command of USS Abraham Lincoln this summer."I am incredibly honored and humbled to be selected," she said of her assignment. ``I love leading sailors and I take that responsibility extremely seriously."The Milwaukee native was part of the first graduating class in which women were allowed to serve aboard combatant ships and aircraft when she graduated from the United States Naval Academy in May 1994.She was designated as a naval aviator in 1996 and has served with several helicopter squadrons throughout her career. 1074