FCA Federal

December 2, 2016

Vitas Health Corporation Midwest and related entities agreed to pay $200,000 to resolve allegations that they violated the False Claims Act and the Anti-Kickback Statute by paying Dr. Farid Fata for patient referrals to its hospice care services.  In an earlier unrelated criminal matter, Fata pleaded guilty to health care fraud, conspiracy to pay and receive kickbacks and promotional money laundering, and was sentenced to a term of 45 years in prison.  The allegations originated in a whistleblower lawsuit under the qui tam provisions of the False Claims Act by Rita Dubois who worked at Vitas as the Director of Market Development in Southeastern Michigan.  Dubois will receive a whistleblower award of $36,000 from the proceeds of the government's recovery.  DOJ (EDMI)

November 30, 2016

A Houston jury found the entities formerly known as Allied Home Mortgage Capital Corp., Allied Home Mortgage Corp., and their president and chief executive officer Jim C. Hodge liable for violating the False Claims Act and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”) relating to mortgage fraud.  After a five-week trial, the jury awarded the United States roughly $93 million in damages, including more than $7 million against Hodge.  The allegations originated in a whistleblower lawsuit filed by former Allied manager Peter Belli under the qui tam provisions of the False Claims Act.  He will receive a yet-to-be determined whistleblower award from the proceeds of the government’s recovery.  Whistleblower Insider

November 28, 2016

Iowa-based Hematology and Oncology Center of Iowa, P.C. and its only corporate officer, Dr. Magdy Elsawy, agreed to pay $176,460 to settle allegations that they violated the False Claims Act by submitting false billings for cancer drugs that were not approved, misbranded, or counterfeit, and by submitting office visit claims for visits that were either medically unnecessary or were upcoded to reflect more complex encounters than what actually happened.  DOJ (NDIA)

November 23, 2016

Bechtel National Inc., Bechtel Corp., URS Corp. (predecessor in interest to AECOM Global II LLC) and URS Energy and Construction Inc. (now known as AECOM Energy and Construction Inc.) agreed to pay $125 million to resolve allegations they violated the False Claims Act by charging the Department of Energy for deficient nuclear quality materials, services, and testing that was provided at the Waste Treatment Plant at DOE’s Hanford Site near Richland, Washington.  The settlement also resolves allegations that Bechtel improperly used federal contract funds to pay for a comprehensive, multi-year lobbying campaign of Congress and other federal officials for continued funding at the site.  The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by Gary Brunson, Donna Busche, and Walter Tamosaitis, who worked on the Hanford project.  They will receive a yet-to-be-determined whistleblower award from the proceeds of the government's recovery.  DOJ

November 23, 2016

Georgia pain management physician Dr. Anthony Clavo agreed to the entry of a consent judgment for $430,000 to resolve allegations he violated the False Claims Act by billing Medicare, Medicaid, and TRICARE for medically unnecessary services.  The allegations originated in a whistleblower lawsuit filed by Herretta Pickens and Teresa Williams, former employees of Dr. Clavo, under the qui tam provisions of the False Claims Act.  They will receive a yet-to-be-determined whistleblower award from the proceeds of the government's recovery.  DOJ (NDGA)

November 15, 2016

New Jersey-based remote cardiac monitoring company MedNet Inc., and a subsidiary of BioTelemetry Inc., agreed to pay more than $1.35 million to resolve allegations that it paid kickbacks to induce physicians to use the company’s cardiac monitoring services.  According to the government, from March 2006 through January 2014, before BioTelemetry acquired MedNet, MedNet entered into “fee-for-service” or “direct-bill” agreements with certain hospital and physician clinic customers which allowed them to bill Medicare directly for these same services and retain the reimbursements they received which exceeded the fees that MedNet charged them.  The government alleged that the remuneration MedNet provided in connection with the agreements was illegal remuneration under the Anti-Kickback Statute.  The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act.  DOJ (DNJ)

November 15, 2016

Florida pharmacies Lemon Bay Drugs North, Inc. and Brooksville Drugs, Inc. agreed to pay a total of $750,000 to resolve allegations that the pharmacies violated the False Claims Act by causing claims to be submitted to federal health care programs for prescription drugs that were never dispensed.  According to the government, the pharmacies provided Medicare and Medicaid patients generic versions of certain medications, but charged Medicare and Medicaid for the brand name versions of those medications.  The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by a former pharmacy technician who worked at Lemon Bay Drugs.  She will receive a whistleblower award of $142,500 from the proceeds of the government's recovery.  DOJ (MDFL)

December 14, 2016

Florida announced a million dollar settlement reached with an obstetrician and gynecologist in Ocala. Dr. Rasiklal Dhanji Nagda is a Medicaid provider and owner of Nagda Medical, Inc. According to Attorney General Bondi’s Medicaid Fraud Control Unit’s investigation, Nagda submitted more than 700 claims to Medicaid for intrauterine devices not approved by the Food and Drug Administration, and received reimbursements from the Medicaid program. Nagda allegedly used a credit card to order large quantities of Bayer’s Mirena IUDs from an online pharmacy, GetCanadianDrugs.com, on a monthly basis. FL