Bay Area physician Roger Wang D.O. has agreed to pay $1,033,666.42 to resolve allegations that he violated the False Claims Act by charging Medicare for non-FDA-approved drugs and associated services.
Wang, reportedly a rheumatology specialist practicing in San Francisco, was affiliated with multiple hospitals in the area, including Chinese Hospital and St. Francis Memorial Hospital-San Francisco. He received his medical degree in 2003 from University of New England College of Osteopathic Medicine.
According to the settlement agreement, viscosupplements, such as Synvisc, Synvisc One, and Orthovisc, are FDA-approved drugs injected for the treatment of osteoarthritis pain.
But the United States alleged that Wang purchased and injected into his patients versions of Synvisc, Synvisc One, or Orthovisc that were not approved by the FDA for distribution in the United States and therefore were not covered by Medicare, and billed Medicare for the drugs and injections..
According to the settlement agreement, the United States alleged Wang knowingly submitted thousands of false claims for reimbursement for non-FDA-approved Synvisc and Orthovisc and related procedures.
The United States further alleged that Wang used non-FDA-approved drugs that were packaged and labeled for use in foreign markets. At least some of the labeling, according to the settlement, was for additional uses not approved in the United States.
In addition, the United States alleged that, from June 30, 2015, to December 1, 2019, Wang knowingly submitted claims to Medicare for reimbursement for non-FDA-approved Synvisc and Orthovisc, and for injection procedures, even though neither the non-FDA-approved drugs nor the injections of those drugs are covered by Medicare.
Pursuant to the settlement, the United States agreed to resolve the government’s claims resulting from Wang’s conduct, including the government’s claims under the False Claims Act, codified at 31 U.S.C. §§ 3729-3733, and certain other related claims, for more than $1 million.
The claims resolved by this settlement are allegations only and there has been no determination of liability.
Assistant U.S. Attorney Michael Pyle is handling the matter. The settlement is the result of an investigation by the U.S. Attorney’s Office for the Northern District of California, the U.S. Department of Health and Human Services Office of Inspector General, and the Food and Drug Administration, Office of Criminal Investigations.