March 1, 2019 Recent Legal News

Fraud

Hospitals

HIPAA

Malpractice

Peer review and Employment

Fraud

US v Burducea
Guilty

Dr. Alexandru Burducea of New York pleaded guilty of accepting bribes from Insys Therapeutics.  the pain specialist received about $68,400 in speakers fees to prescribe Subsys.  He was also paid money commissions based on the volume prescribed.

US v Clark
Guilty

Dr. John Clark of Baton Rouge and his medical billing supervisor pleaded guilty of fraud.  The pain management physicians billed for procedures on days following office visits when they were done at the time of the visits.    Dr. Gray Barrow, a fellow physician at the clinic, was also found guilty but of unlawfully distributing oxy.  

US v Prime Healthcare
Settlement

Dr. Prem Reddy and Prime Healthcare settled with the fed for $1.25 million that two of their Pennsylvania hospitals submitted false claims to fed med.  They admitted patients to the hospital when they only needed outpatient care and upcoding.  This was a whistleblower case.

US v Tanious

Dr. Aremmia Tanious and the now defunct Jefferson Medical Associates in Jackson, Mississippi, agreed to pay $817,635 to resolve false claims allegations.  They did not return overpayments on claims and billed for diagnosis not supported by the medical records.   

US v Abbott Laboratories
Joined

The feds have intervened in a six year old suit against two companies purchased by Abbott, Alere and Arriva Medical.  The companies are accused of violating the anti-kickback law  by not making patients pay their co-pays for diabetic supplies.  Let us hope this is a major settlement.

US v Poor
Settlement

Dr. Hooshang Poor of Newton, Massachusetts, is $680,000 poorer after paying that sum to the feds to settle allegations that he over billed for services to nursing home patients.

US v Moparty
Convicted

Dayakar Moparty, the owner of Red Oak Hospital in the Houston area, along with Dr. Harcharan Narang, a local internist, were both convicted by a jury of health care fraud.  They submitted claims for tests not medically necessary and falsified home health patient assessment forms.         Top 

HIPAA

Patients v Univ. of Connecticut
To Be Filed

Over 300,000 people were potentially affected when the someone accessed employee accounts.  The U is notifying people and offering identity theft protection.        Top

Hospitals

Deanco Healthcare v Bacerra
C D Ca

The AG required Deanco to provide charity care when they acquired Mission Community Hospital.  The hospital believed that since Ocare got rid of most charity care they did not have to provide it.  Wrong!  They still must provide money to nonprofits that provide charity care.

Becerra, the California AG, is losing.  His bid to keep hospitals from being sold to Santa Clara County was finally rebuffed by the courts and the hospitals were purchased.        Top

Malpractice

Students v USC
Settlement

The University of Southern California has settled a class action suit by the female patients of Dr. George Tyndall, who has never been charged with any crime as yet.  It is alleged that the women were videotaped when they were undressed for their exams.  The compensation was from $25,000 to $250,000 per individual depending on the experience.          Top

Peer review and Employment

Gu v Vanderbilt University
Filed

Dr. Eugene Gu is a person who does not seem to like our current President and vilified him in tweets and articles.  This led to his contract not being renewed as a resident at the hospital and this suit for racial discrimination and retaliation.  He is filing the federal claim in California as his attorney does not believe he can get a fair trial in the Tennessee federal courts.        Top

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DISCLAIMER: Although this article is updated periodically, it reflects the author's point of view at the time of publication. Nothing in this article constitutes legal advice. Readers should consult with their own legal counsel before acting on any of the information presented.