LABORATORY, PATHOLOGY, RADIOLOGY AND DIAGNOSTICS
DA TE
ENTITY
FCA ALLEGATIONS
AMOUNT
Diagnostic laboratory agreed to pay $357,584 to resolve FCA allegations that it billed Medicare for genetic tests that were performed without valid physician oversight. A contractor involved in the allegations previously pleaded guilty to conspiracy to commit healthcare fraud and was sentenced to 50 months in prison in May 2019. 60 Genetic testing laboratory agreed to pay more than $2.5 million to resolve FCA allegations that it billed Medicare for genetic tests tainted by payments the lab paid to a healthcare marketing company for referrals, in violation of the AKS. A residential nursing home operator previously entered a $1 million settlement regarding these allegations. 61 Diagnostic imaging services provider agreed to pay nearly $750,000 to resolve FCA allegations that it billed Medicare for more than 1,500 procedures performed without the requisite physician supervision or for which Akumin was unable to determine whether a physician was present. 62 Laboratory services provider and its subsidiary agreed to pay $845,108 to resolve FCA allegations that they: (1) submitted claims to Connecticut Medicaid for medically unnecessary urine drug tests for residents at a behavioral health residential treatment center; and (2) failed to report and return overpayments related to the tests. 63 Medical research company agreed to pay $1.1 million to resolve FCA allegations that its member physicians referred patients for genetic testing in exchange for kickbacks from a now-defunct molecular testing company, in violation of the AKS. 64 Diagnostic laboratory agreed to pay $1.4 million to resolve FCA allegations that it billed Medicare for genetic tests that were performed without valid physician oversight. A contractor involved in the allegations previously pleaded guilty to conspiracy to commit healthcare fraud and was sentenced to 50 months in prison in May 2019. 65
Exceltox Laboratories, LLC
1/6/2021
$357,584
AutoGenomics, Inc.
$2.538 million
1/11/2021
Akumin Corporation; Delaware Open MRI Radiology Associates, LLC
$749,600
2/1/2021
Secon of New England, LLC d/b/a Secon Laboratories; Sterling Healthcare Opco, LLC d/b/a Cordant Health Solutions
$845,108
2/5/2021
Heart Center Research, LLC
3/4/2021
$1.1 million
GENETWORx Laboratories
7/9/2021
$1.4 million
60 https://www.justice.gov/usao-nj/pr/california-genetic-testing-lab-agrees-pay-357584-resolve-false-claims-act-allegations. 61 https://www.justice.gov/usao-wdwi/pr/autogenomics-inc-agrees-pay-over-25-million-allegedly-paying-kickbacks. 62 https://www.justice.gov/usao-de/pr/akumin-corporation-pay-us-over-700000-resolve-health-care-fraud-allegations. 63 https://www.justice.gov/usao-ct/pr/healthcare-company-and-lab-pay-845k-resolve-federal-and-state-false-claims-act. 64 https://www.justice.gov/usao-wdwa/pr/medical-research-company-agrees-pay-11-million-settle-allegation-it-received-kickbacks. 65 https://www.justice.gov/usao-nj/pr/virginia-diagnostic-testing-lab-agrees-pay-14-million-resolve-false-claims-act.
NOTABLE SETTLEMENTS BASS, BERRY & SIMS | 57
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