Miami After a two-year criminal probe that cast a specter of fraud and abuse on the entire home health care arena, the U.S. attorney's office in Miami has opted not to prosecute five current and former top executives with Columbia/HCA Health Care Corp. and Olsten Corp. on charges of alleged Medicare fraud.

Kim Herman, vice president of marketing and communications for Olsten Health Services, declined to comment on the matter. Columbia officials did not return calls seeking comment.

While officials remained tight-lipped as to the reason behind the decision, the talks currently ongoing between the Justice Department and Nashville, Tenn.-based Columbia could result in a partial civil settlement in a national home health care fraud investigation. And government officials said that investigation of Columbia on a national level continues.

Columbia and Olsten, of Melville, N.Y., had been partners in home health deals. In July 1999, Olsten and its home health management subsidiary, Olsten Kimberly Home Health Care, paid $61 million to settle criminal and civil charges in a Medicare fraud investigation. The subsidiary pleaded guilty to three felony counts filed in Florida and Georgia-conspiracy, mail fraud and violating the Medicare anti-kickback law.