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Radiation Oncology Providers To Pay $3.5 Million To Settle Whistleblower Lawsuit

Radiation oncology providers in Pensacola, Fla., will pay $3.5 million to the government and the state of Florida to resolve allegations that they billed Medicare, Medicaid and TRICARE – the health care program for uniformed service members, retirees and their families worldwide – for radiation oncology services that were not eligible for payment.   The defendants include Gulf Region Radiation Oncology Centers Inc. (GRROC), Gulf Region Radiation Oncology MSO LLC, Sacred Heart Health System Inc., West Florida Medical Center Clinic P.A., Emerald Coast Radiation Oncology Center LLC (ECROC), Dr. Gerald Lowrey and Dr. Rod Krentel.

The government alleged that between 2007 and 2011, the defendants regularly billed for radiation oncology services that were not supervised by a physician, as required by Medicare, Medicaid and TRICARE, and that, in fact, these services were often performed while the defendant doctors were on vacation or were working at another radiation oncology clinic.   The government also alleged that the defendants billed for other treatment services even when patients’ medical records provided no evidence that the services were rendered.   The defendants also allegedly billed twice for the same services and misrepresented the level of a service provided to increase their reimbursement from the federal health care programs.

This settlement resolves allegations that were first raised in a whistleblower lawsuit filed by a former employee of GRROC against the defendants under the qui tam provisions of the False Claims Act.   The act allows private citizens with knowledge of fraud to bring civil actions on behalf of the government and to share in any recovery.   As part of the settlement, the whistleblower will receive approximately $609,796 from the federal share of the settlement amount.

For more information on this case, click here:  http://www.justice.gov/opa/pr/2013/September/13-civ-1027.html

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