lonelysenior.jpgThere has been growing awareness in recent years about the importance of mental health. More people are seeking help and health professionals are becoming more educated on the importance of a well-rounded definition of health. Sadly, there are also scammers out to take advantage of this trend including the perpetrators of Medicare fraud. As a health care fraud law firm based in California, the Brod Firm partners with whistleblowers to fight mental health benefit fraud, working together to return money to government coffers and ensure that the benefits are available for those who truly need them.

Sentencing in $97 Million Fraud Scheme

The government’s commitment to fighting health care fraud has extended into 2015 as demonstrated by the sentencing of two Houston area physicians who used their ownership in a mental health clinic to perpetrate a $97 million Medicare fraud scheme. As a Department of Justice press release details, Dr. Mansour Sanjar, 81, and Dr. Cyrus Sajadi, 67, were found guilty of conspiracy to commit health care fraud and related counts involving kickbacks via a jury trial last March. This month, they were sentenced to 148 months and 120 months in jail respectively and ordered to pay restitution of approximately $8 million. A group home owner, Chandra Nunn, was also sentenced to a 54 month jail term and ordered to pay over $1.8 million restitution. Several other co-defendants are still awaiting sentencing.

Regular visitors to this blog are familiar with the False Claims Act (“FCA” or “the Act”), a piece of federal law aimed at recovering money wrongfully taken from government coffers. The Act contains detailed provisions that allow ordinary private citizens to bring suit on the government’s behalf through a process known as a qui tam suit. These suits are essential to the FCA’s efficacy, permitting individuals with knowledge about fraud to help ensure wrongfully diverted money is returned to the already strained budgets of programs like Medicare and agencies like the Department of Defense. In this post, our California-based government fraud whistleblowers’ law firm takes a look back at recoveries made via the FCA in 2014 and examines the importance of whistleblowers in False Claims Act litigation at both the federal and state level.

Justice Department Announces $5.69 Billion in FCA Recoveries in 2014, Recognizes Role of Whistleblowers

In late 2014, the U.S. Department of Justice announced that recoveries (settlements and judgments) as a result of civil claims against entities and individuals that allegedly filed false claims and engaged in related fraud on the government hit a record-breaking $5.69 billion in the fiscal year ending September 30. This brings the total amount recovered since January 2009 to $22.75 billion. The recoveries for fiscal year 2014 cash2.jpgincluded $3.1 billion obtained from banks and financial institutions accused of making false statements in the process of filing federally insured mortgages and loans. Additionally, the federal government recovered $2.3 billion in health care fraud recoveries, making 2014 the fifth straight year that FCA claims involving Medicare, Medicaid, Tricare, and other federal health care programs exceeded $2 billion. These payments came from hospitals, pharmaceutical companies, managed care entities, and other major players in the health care market. Another significant portion of the total recoveries came from cases against federal contractors including IT service providers and companies that supplied products to the military.

It takes a very special individual to work in the end-of-life care arena. We have the deepest respect for the men and women who support both patients and their loved ones in the hospice care environment. These professionals offer much more than medical care, they offer emotional support to people facing some of life’s hardest moments. It is out of respect for the vast majority of these workers who are honest and good-hearted and a belief in the importance of the services they offer that our San Francisco-based Medicare fraud law firm is committed to uncovering and redressing cases of hospice care fraud.

Hospice Care Generally

The Eldercare Locator, a program operated by the Administration on Aging, U.S. Department of Health and Human Services (“HHS”), helps connect older Americans and their loved ones with a range of senior services. The website offers a Hospice Care Factsheet which explains that hospice programs help the terminally ill and their families with 24-hour care aimed at making the patient’s final days as comfortable and dignified as possible. In addition to medical services, hospice care offers psychosocial support to patients and their loved ones.

When one thinks about fraud and its impact, finances tend to come to the forefront of the mind. However, when the issue is defense contract fraud, there is much more than money at stake. Defense contract fraud not only takes money from already-strained budgets, but it also puts our nation’s finest and bravest at risk. As a San Francisco defense contract fraud law firm, The Brod Law Firm partners with whistleblowers, individuals who have witnessed government contract fraud and come forward to report the information, to fight back, recover stolen funds, and protect our military.

Sentencing in Case Involving Non-Compliant Aircraft Parts

On December 22, the Justice Department released a press report detailing the sentencing of a man who allegedly led a scheme to defraud the Department of Defense. Malcom Robert Markson previously owned Action Machine LLC, a Phoenix-based company that contracted with the Department of Defense from 2009 to 2012 to manufacture wing pins. The pins are a crucial piece of safety-oriented equipment that helps secure the wings of F-15 fighter planes. The contracts required the pins meet detailed design F15.jpgrequirements including the use of a specific form of hardened steel and a rigorous inspection process. Action supplied 212 wing pins to the military and certified that the equipment met all contractually mandated design specifications.

Choosing a nursing home or other senior care facility is a difficult and emotional decision. There are many factors to consider, many of which can spark intense family debates, including location, price, and available forms of care. There are also more individualized factors like whether the prospective resident has friends at the facility, whether the facility has a religious affiliation, and the input provided by the resident’s current doctors. That last item, the advice of medical professionals, can be extremely persuasive and a good doctor will assess numerous factors before voicing an opinion. Kickbacks from nursing homes should never cloud a doctor’s professional judgment. While that may sound obvious, payments to doctor for referrals our Northern California Medicare fraud law firm knows illegal kickbacks are more common than most of us would like to think and pose both a financial threat to the Medicare program and a threat to patients’ health and well-being.

Whistleblower Alleges Kickbacks Were Key Part of Medicare Fraud by Senior Care Network

According to the Broward Bulldog, the Plaza Health Network has worked to maintain a top-notch reputation since its founding 64 years ago as a home for Jewish seniors and war veterans who could no longer live alone and/or care for themselves. Plaza is now a non-profit with corporate offices in Aventura, Florida, and runs eight care facilities in the Miami region open to seniors of all denominations. The company’s reputation may, however, change dramatically if a lawsuit alleging health care fraud is successful

Earlier this month we wrote about the theft of prescription drugs, focusing on the growing problem of medications being stolen from our nation’s seniors and why drug theft is a form of elder abuse. We urge all readers to ensure their own medications and those of loved ones are kept in a secure location. These robbery-type crimes are not the only form of prescription theft. As a Northern California Medicare fraud law firm, we are closely watching the issue of Medicare drug thefts crimes that sometimes take advantage of quirky rules and can amount to health care fraud.

Study Identifies Problem of Drugs Dispensed to Deceased Medicare Beneficiaries

In October, the inspector general for the Health and Human Services Department (“HHS”) released a report Medicare rule pursuant to which the program covers prescriptions for up to 32 days after the patient’s death. The investigators focused on a small sliver of medications and identified 158 patients whose HIV-related drugs were covered after their deaths in 2012. In one patient’s case, Medicare records show two separate medication purchases involving three pill$.jpgdrugs each that were covered after he died – charges that amounted to $7,610. Another case involved a Michigan man for whom six prescriptions from two different doctors were ordered and paid for after his death to the tune of $5,616 in Medicare costs.

Kickbacks to physicians are one of the most concerning forms of Medicare fraud. Why? Kickbacks to doctors create mixed incentives. Instead of being guided by concerns for their patient’s welfare, the doctors may be tempted to make choices, from seemingly innocuously ones to which lab to use to run a test to more important ones like whether or not to run that test at all, based on money. Certainly, money matters to doctors, like all of us, especially given the enormous financial burden of so many years of education. However, kickbacks make decisions unduly complicated and create unnecessary conflicts between profit motives and patient care. When whistleblowers partner with our Northern California anti-kickback law firm, we can fight back.

The Pending Investigation

Earlier this fall, The Wall Street Journal reported on a medical lab in Virginia that appears to be trying to use a loophole to pay doctors for sending them blood for testing. Health Diagnostic Laboratory Inc. (“HDL”) opened in 2008 and totaled $383 million in revenue for 2013 with 41% coming from Medicare. HDL sells tests that measure biomarkers that may predict heart disease, bundling together up to 28 tests per vial of blood. Medicare pays HDL $1,000 or more for these services and, until June, HDL in turn paid doctors $20 per sample which was much higher than other labs paid for similar services.

Medicare fraud is a topic that is receiving increasing attention from authorities and news media alike. Our California Medicare fraud law office believes this attention is rightly placed and we support efforts to both recover wrongfully diverted funds and prevent future frauds. Two of the ways that the government accomplishes these interrelated goals is through rulemaking and through intervening in whistleblower-led health care fraud claims.

Rulemaking – New Rule Limits Enrollment by Suspect Entities

Last week, the Center for Medicare and Medicaid Services (“CMS”) announced approval of a new rule that will allow the agency to prevent future frauds by identifying persons/entities that pose particular risk to the integrity of our federal health care programs. The rule, as detailed in a CMS Fact Sheet, attempts to prevent suspect groups from enrolling in or remaining part of the system and being permitted to bill Medicare for services provided to beneficiaries. Key elements include: Denying enrollment of providers and others associated with an entity that has an outstanding Medicare debt; Denying or revoking billing privileges of groups that have a managing employee who was previously convicted of certain felonies; and Revoking the billing rights of providers and suppliers that show a pattern of improperly billing for services that fail to meet program requirements.

Sadly, it doesn’t feel unusual for someone accused of a crime to continue suspect behavior. As pending litigation against a surgeon already embroiled in health care fraud litigation became even more complex last week, it also continued to break new legal ground with allegations involving a specific form of business entity known as a physician-owned distributorship. Also known as “PODs,” these entities raise some major red flags that can point to both criminal and civil wrongdoing. While the current case is the first publicly noted health care fraud case involving PODs, our San Francisco health care fraud attorney expects that litigation will continue as long as the suspect devices are used by those who put profit over patient care.

Man Faces Health Care Fraud Charges in Both California and Michigan

A report in the journal Modern Healthcare details expanded claims filed against a doctor in Michigan who has already been stripped of his license here in California. Dr. Aria O. Sabit stands accused of committing fraud, violating naturalization laws, and performing spinal fusion surgeries in which he did not actually implant promised medical devices. When some patients in Michigan who had undergone surgery with Sabit had continued pain and sought second opinions, they were told that medical devices had not actually been placed during the initial surgeries, even though bills for the devices had been filed with government and private insurers. Sabit also, per the recently filed suit, failed to inform citizenship officials of prior felony-level health care fraud charges that would have rendered him ineligible for naturalization.

At the Brod Law Firm, we’re proud to be part of the fight against healthcare and government contracts fraud in San Francisco and across the state. We are also humbled to work with the people who witness fraud or other wrongdoing and decide to speak up against it. While we are committed to protecting these whistleblowers, we will never deny that their decision is a brave one that shows a commitment to community, country, and basic values. As we look forward to Thanksgiving, we wanted to take a moment to look at a few examples of whistleblowers who have helped fight fraud and other wrongs and, in doing so, have helped protect us all.

    • Peter Buxtun – While not a case of fraud per se, Buxton’s voice as a whistleblower helped bring an end to one of the most disturbing examples of health care wrongdoing in the twentieth century. Buxton filed formal ethical complaints and eventually took to the media to expose the Tuskegee Syphilis Experiment, an infamous “clinical study” in which the U.S. Public Health Service withheld promised care and known treatments to observe the course of syphilis in a group of African-American men.
  • John Michael Gravitt – In 1984, Gravitt used a then-obscure False Claims Act statute to charge General Electric with fraud for altering thousands of timecards to allegedly cheat the Pentagon out of $7 million. The amount of the eventual settlement was not disclosed but rumored to be around $4.7 million. Gravitt’s testimony helped lead Congress to amend the False Claims Act, providing greater protections to whistleblowers and expanding their power which has led to more than $1 billion in recoveries.
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