Whistleblower-Initiated: Arthritis & Rheumatology Center, P.C. and its Owner Settle False Claims Act Case
By the Constantine Cannon Whistleblower Team
On January 29, the United States Attorney’s Office in the Northern District of Georgia announced that Arthritis & Rheumatology Center, P.C. (“ARC”) and its owner, Jatin Patel, M.D., will pay $2.18 million to settle allegations the practice used medical assistants to perform infusion services in violation of Georgia law and submitted claims for those services to Medicare in violation of the False Claims Act.[1]
Case Initiated by a Whistleblower
A former ARC employee initiated the investigation by filing a whistleblower complaint alleging ARC improperly used unlicensed assistants to administer chemotherapy drugs to ARC’s patients. Georgia regulations prohibit this practice. Medicare does not pay for services rendered in violation of state law. The whistleblower claimed that ARC’s conduct caused the submission of false claims to Medicare in violation of the False Claims Act 31 U.S.C. § 3729, et seq.
Qui Tam (or Whistleblower Provisions) of the False Claims Act
The settlement resolves the lawsuit filed by former ARC employee Phillips Allender under the qui tam (or whistleblower provisions) of the False Claims Act, allowing private parties to file lawsuits on behalf of the government and receive up to 30% of any recovery. Allender will receive $414,200 from the settlement as a reward.
The case is captioned U.S. ex rel. Allender v. Arthritis & Rheumatology Center, P.C. and Jatin Patel, M.D., No. 1:21-cv-4530-MLB.
Comments on the Case
Constantine Cannon partner Marlene Koury commented: “Cutting corners in medical care can have serious consequences for patients. Whistleblowers can help protect patients by exposing practices that put them at risk of harm.”
According to U.S. Attorney Theodore S. Hertzberg: “Physicians who disregard state and federal law by allowing unqualified individuals to perform unauthorized medical services place patients in needless danger. Our office will hold accountable those who participate in federal healthcare programs but seek to enrich themselves by not following the rules.”[2]
Our Firm Represents Whistleblowers
Our firm has extensive experience representing whistleblowers. Under the qui tam provisions of the False Claims Act, whistleblowers can bring lawsuits when they have knowledge that an individual or company defrauded the government or caused false claims to be submitted for payment. These cases often involve healthcare fraud, such as fraudulently billing Medicare or Medicaid, government contracting fraud, tariff and customs evasion, and other forms of misconduct.
If you believe you have a case, would like to learn more about our firm’s successes, or what it means to be a whistleblower, please contact us. We will connect you with an experienced member of the Constantine Cannon whistleblower team for a confidential consultation.
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Sources:
[1] See https://www.justice.gov/usao-ndga/pr/arthritis-rheumatology-center-pc-and-jatin-patel-settle-false-claims-act-case-218?
[2] Id.
Tagged in: False Claims Act, qui tam,