5. Tenet's losses include a $218 million increase in litigation reserves. The for-profit hospital operator previously disclosed it is the subject of a criminal investigation by the Department of Justice. The criminal lawsuit arose out of a civil lawsuit filed under the qui tam provision of the False Claims Act. The lawsuit alleges four Tenet hospitals paid illegal kickbacks to clinics that referred undocumented pregnant patients to them for Medicaid-paid deliveries. Undocumented patients are not eligible for regular Medicaid coverage. However, they typically qualify for emergency medical assistance when they deliver their babies. Tenet offered to pay $238 million to settle the criminal investigation and civil litigation Feb. 18, according to a recent Securities and Exchange Commission filing.