Healthcare Fraud Lawyer Blog

As San Francisco qui tam lawsuit attorney Gregory J. Brod has pointed out in our blog posts, the problem of Medicare fraud is as pervasive as it is costly to taxpayers and honest enrollees in the Medicare system. Unfortunately, the financial downside to the Medicare fraud crisis has been coupled with an imperiling of the health and/or lives of some Medicare patients who have been prescribed unnecessary medications or treatments by unscrupulous healthcare providers.

The most recent example of Medicare fraud literally killing a patient came to light Thursday when a doctor in western Kentucky was charged with having pursued a Medicare fraud scheme that ultimately resulted in the death of one of his patients. According to the Louisville Courier-Journal, Dr. George Kudamani, who had previously been charged with distribution of controlled substances, healthcare fraud and money laundering, was indicted again for having unlawfully distributed oxycodone and hydrocodone from 2009 to 2012 to 11 patients. Those prescriptions resulted in the death of one of Kudamani’s patients, according to the indictment. Kudamani was also charged with having fraudulently submitted claims for medically unnecessary services or services such as ultrasounds that were never performed as well as the unnecessary prescriptions, all of which would generate fraudulent Medicare bills.

The charges against Kudamani do not represent the first time a physician has been accused of engaging in practices that not only defrauded Medicare but also put the lives of patients in jeopardy. Indeed, as recently as September 16, a notorious case was revisited at U.S. District Court in Detroit. That is where, according to Deadline Detroit, Dr. Farid Fata pleaded guilty to fleecing Medicare for tens of millions of dollars and also for having misdiagnosed patients, telling them they had cancer when they did not and giving them unnecessary chemotherapy or giving chemotherapy to patients who were at a stage of cancer when they could not possibly have benefited from the treatment. The scheme was paid for, of course, by the taxpayers. Fata’s acts become so infamous that the local media in Detroit started calling him “Dr. Evil.”

The indictment of Kudamani came on the heels of another case of Medicare fraud, a major scheme that was based in New Orleans, the details of which the Justice Department revealed Thursday. According to the Daily Caller, 13 people, including five doctors, were indicted for having operated a collusive network of the doctors and healthcare and medical supply companies that billed Medicare for home health services and medical equipment that was found to be either unnecessary or nonexistent during the seven-year period from 2007 to 2014. The web of deceit was so elaborate in this multifaceted scheme that patient recruiters allegedly received kickbacks in return for securing Medicare beneficiary numbers, with the kickbacks laundered through another firm one of the conspirators controlled. In addition, one of those indicted was accused of falsifying tax and employee records in order to conceal the fraud, while another, a registered nurse, was accused of certifying home health services she never provided.

Of the defendants, three have already pleaded guilty to conspiracy to commit healthcare fraud. Out of a total $56 million in billing falsely charged to Medicare, the defendants managed to rake in $50.7 million.
Continue reading

Readers of this blog know that health care fraud steals billions from federal and state governments each year. The financial impact ultimately reaches all taxpaying Americans and anyone who uses our health care system, whether or not they use government programs. Our San Francisco health care fraud attorney knows that health care fraud, including medical device fraud, also has a very real impact on the wellbeing and personal medical care of some individual patients. As one of the most common ailments, back-related care is one area threatened by the perpetrators of these wrongs.

Back Pain: Suffering and Spending

Earlier this year, Time Magazine reported that lower back pain is the top cause of job disability around the globe. Additionally, Americans spend more than $50 billion annually on low back pain, despite the fact that it remains difficult to treat. While the news magazine suggests one in ten people suffer low back pain, other sources say eight in ten Americans will experience back pain at some point (see Medline Plus).

In an ideal world, we would honor our elders, learning from their wisdom while taking care of them as age leads to physical and/or mental ailments. Sadly, our world is far from perfect. Many seniors find themselves on the receiving end of rude, disrespectful behavior. Worse still, elder abuse is far too common as people take advantage of those who are unable to protect themselves and incapable of reporting the mistreatment. Our team is committed to fighting all nursing home abuse cases in Northern California, especially when the circumstances also allow us to offer service as a San Francisco nursing home fraud law firm. When a care center improperly treats a patient and then seeks reimbursement from Medicare for these “services,” the same conduct amounts to nursing home fraud on the government and is a particularly lethal form of elder abuse. These cases victimize the target as an individual and as the member of the class of people who are hurt when money is taken from the government health care coffers.

Arba Litigation: The Defendants

McKnight’s Long-Term Care News and McKnight’s Assisted Living News provide news updates to individuals in the senior care arenas. Recently, McKnight’s, along with Courthouse News Service, reported on two California nursing homes that are facing federal health care fraud charges tied to acts that endangered the lives and well-being of residents. The defendant in the Complaint, which was filed in late August, is Arba Group (“Arba”), a management company that oversees both Country Villa Watsonville East Nursing Center (now Watsonville Nursing Center) and Country Villa West Nursing & Rehabilitation Center (Watsonville Post-Acute Care Center). The locations are, respectively, an 87-bed and a 95-bed facility.

Why health care fraud? We’re asked this a lot. Much of our practice involves representing the wrongfully injured causing some to peg us as a victims’ law firm. That is a label that we are proud to say fits much of our practice. The truth is there are MANY victims of health care fraud. All taxpayers are victims of the economic fraud, with the neediest suffering the most as scammers target government health programs. There are also more immediate victims, people are endangered by health care fraud from those who lose out on necessary medical care because their plans have been wrongfully depleted to those who receive inappropriate/unneeded care. Today’s post looks at some of these victims of health care fraud, people who are helped when a whistleblower comes forward and partners with our Northern California health care fraud law firm to help the victims.

Homeless Recruited in Health Care Scam

The perpetrators often take advantage of the neediest members of our society in order to carry out their schemes, preying on the disadvantaged and profiting from endangering the people that public health programs are intended to help. An example, discussed in a 2008 New York Times article, came to light due to a tip from a rescue mission worker. In 2004, Scott Johnson called state authorities to report suspicious cars and vans packed full (including the trunks!) wit homeless people. He suspected they might be ambulances wrongfully discarding poorer patients.

As we have detailed on these pages, the scope and brazenness of Medicare fraud is truly breathtaking. The federal government is having trouble keeping up with all the schemes, and some of them are quite blatant indeed. But San Francisco qui tam lawsuit attorney Gregory J. Brod would cite the allegations against one doctor that surfaced in the news this week as a case, if proven, that would take brazenness in Medicare fraud to a new low.

According to the Detroit Free Press, a search warrant affidavit that was unsealed in federal court detailed allegations against Dr. Farid Fata in which his health maintenance organization practice billed Medicare $225 million, of which $109 million was for chemotherapy or other cancer treatments and $91 million was paid by Medicare to Fata’s medical practice. Trouble is, many of the treatments were administered to patients who did not have cancer, the government’s attorneys charge.

If the allegations are proven to be true, not only would fraud have been committed against Medicare, fleecing the U.S. Treasury and the taxpayers as well as contributing to upward pressure on Medicare premiums, but perhaps even more troubling, the health of innocent people could have been placed in jeopardy through the use of treatment that was not appropriate.

As if the aforementioned allegations are not bad enough, Dr. Fata has also been accused of showing interest in spending some of the ill-gotten gains on a $3 million castle overlooking a seaside resort area in Lebanon. In the search warrant, which was executed in November 2013, the FBI sought the contents of Fata’s email account in order to track the movement of tens of millions of dollars that moved among various Fata-linked entities. Included among the emails is one in which Fata asks his financial adviser to contact Fata’s father and go along with the father to inspect and assess the value of investing in the multimillion-dollar seaside castle. The email was given an “urgent” subject line, and in it Fata asks if the castle can be “funded from the Fata Foundation,” which one of his numerous trusts.

Fata has sought to prevent the email from being submitted as evidence to jurors at a trial that starts October 14 in federal court.

If convicted, Fata faces 10 years in prison. In the meantime, he has been held at a federal prison for the last year after his $9 million bond was revoked.
Continue reading

Health care is an ever-evolving field with constant changes both in the area of medical knowledge and in terms of health care as a business. Medicare began back in the 1960s and the concept of Medicare Advantage (“MA”) programs dates back to the mid-1990s and allows Medicare beneficiaries to choose a private company to provide their Medicare services. Both have seen changes, with Medicare Advantage undergoing significant changes in 2003 and significant growth in the past decade. Sadly, along with the growth has come the problem of Medicare Advantage fraud. Efforts to combat this fraud are also evolving and our Northern California Medicare fraud law firm is keeping a close eye on the important legal developments in this area.

Health & Human Services OIG Lists Medicare Advantage Fraud Among Top Challenges

Each year, the Office of the Attorney General (“OIG”) for the Department of Health and Human Services (“HHS”) creates a list of the top management challenges that HHS is facing, a list that can point to some of the department’s key vulnerabilities. Item Six in the list of the Top Management & Performance Challenges for 2013 (released in December 2013, this appears to be the most recent list) is “Preventing Improper Payments and Fraud in Medicare Advantage.” According to the OIG, taxpayers lose billions of dollars because of improper payments to MA plans. In FY 2013, HHS identified a 9.5% error rate for MA plans which corresponds to an estimated $118 billion in improper payments including $9.3 billion in overpayments and $2.6 billion worth of underpayments. This includes both accidental errors and fraudulent transactions.

The federal government’s quest to stem the tide of fraud against Medicare has been overmatched by a flood of schemes that have been as widespread as they have been varied. For every case of Medicare fraud the government has cracked, it seems, there are many more that are go unpunished. And that is a reason why San Francisco qui tam lawsuit attorney Gregory J. Brod reminds us that brave whistleblowers who step forward with critical information on fraud help buttress the government’s efforts to reduce this crime wave against U.S. taxpayers.

According to The New York Times, the federal government is spending $600 million per year to combat Medicare fraud, a campaign that includes the marshaling of expert teams and use of sophisticated computers. Despite Washington’s efforts, however, the fraudsters remain several steps ahead of the government. To put the problem in a monetary perspective, it has been estimated that fraud and systematic overcharging against Medicare costs about $60 billion a year, which translates into 10 percent of the program’s annual expenditures, but the government was only able to recover about $4.4 billion last year.

Part of the problem stems from the sheer number of claims that must be reviewed for verification purposes: at the Centers for Medicare and Medicaid Services, the agency responsible for overseeing the vetting process, only 3 million claims of an estimated 1.2 billion claims per year are reviewed.

Systemic problems also plague the government’s efforts to curtail abuses against Medicare. Foremost among them is the fact that the government employs an army of outside contractors who are poorly managed, with conflict-of-interest issues, political pressures, and competition and lack of communication among the contractors some of the problems that hamper their efforts.

As another example, Medicare opted to shut down a successful hotline in South Florida, which is a hub for Medicare fraud, claiming that the hotline was no longer needed. But the suspension of the hotline has led to calls being routed to a general number, which in turn has significantly slowed down the government’s response time to complaints.

But while the pace of addressing complaints in South Florida has slowed down, the variety and depth of schemes against Medicare in the Sunshine State has picked up steam. Indeed, according to the South Florida Business Journal, a study released by the Department of Health and Human Services’ Office of Inspector General has found Miami to the be the epicenter of a scheme to defraud Medicare for HIV-related drugs and treatments: it seems that while only 2 percent of Medicare beneficiaries who receive drugs for treatment of HIV live in the Miami area, that small percentage accounts for 24 percent of all billing patterns that have been deemed questionable.

Included among the practices that have raised red flags have been the prescriptions of $6.5 million worth of HIV drugs for 888 patients who have no history of the disease on record. Other eyebrow-raising practices have included prescriptions meted out for an unusually large number of HIV drugs or prescriptions for the medications being written from six or more pharmacies or doctors.
Continue reading