Cardiologist and Related Practices to Pay the United States $750,000 for Alleged Kickbacks
Seattle Whistleblower Attorneys report that Mubashar Choudry, M.D., and three medical practices with which he is associated, Washington Cardiovascular Institute, Advanced Vascular Resources, and Washington Vascular Institute, have agreed to pay the United States $750,000 to resolve False Claims Act allegations that they knowingly billed Medicare and TRICARE for claims in violation of the Anti-Kickback Statute (AKS). Choudry is a cardiologist who has treated patients in Maryland and Washington, D.C. for peripheral arterial disease.
The AKS prohibits the knowing and willful payment of any remuneration to induce the referral of services or items that are paid for by a federal healthcare program, such as Medicare and TRICARE. Claims submitted to these programs in violation of the Anti-Kickback Statute may give rise to liability under the False Claims Act.
The settlement resolves allegations that, between Jan. 1, 2013 and Dec. 31, 2016, Choudry, Washington Cardiovascular Institute, Advanced Vascular Resources, and Washington Vascular Institute submitted, or caused, false claims in violation of the AKS. Specifically, the defendants allegedly induced patient referrals by providing ankle-brachial index testing on patients under agreements with the referring physicians but without collecting from the physicians the fair market value for the tests. Ankle-brachial index testing is used to detect peripheral arterial disease, which Choudry and the practices would treat.
The agreement resolves allegations brought by Steven Pringle, a former sales and operations employee of the practices, under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government for false claims and to receive a share of any recovery. The qui tam case is captioned United States, et al., ex rel. Pringle v. Choudry, et al., Case No. GJH 16-cv-3779 (D. Md.). As part of this settlement, Pringle will receive $121,500 as his share of the government’s recovery.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Source: Dept. of Justice
The AKS prohibits the knowing and willful payment of any remuneration to induce the referral of services or items that are paid for by a federal healthcare program, such as Medicare and TRICARE. Claims submitted to these programs in violation of the Anti-Kickback Statute may give rise to liability under the False Claims Act.
The settlement resolves allegations that, between Jan. 1, 2013 and Dec. 31, 2016, Choudry, Washington Cardiovascular Institute, Advanced Vascular Resources, and Washington Vascular Institute submitted, or caused, false claims in violation of the AKS. Specifically, the defendants allegedly induced patient referrals by providing ankle-brachial index testing on patients under agreements with the referring physicians but without collecting from the physicians the fair market value for the tests. Ankle-brachial index testing is used to detect peripheral arterial disease, which Choudry and the practices would treat.
The agreement resolves allegations brought by Steven Pringle, a former sales and operations employee of the practices, under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government for false claims and to receive a share of any recovery. The qui tam case is captioned United States, et al., ex rel. Pringle v. Choudry, et al., Case No. GJH 16-cv-3779 (D. Md.). As part of this settlement, Pringle will receive $121,500 as his share of the government’s recovery.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Source: Dept. of Justice