Modern Nuclear Inc. (MNI), a La Habra-based mobile PET scan company, has agreed to pay more than $8.3 million plus additional money based on future revenue to resolve False Claims Act allegations that it violated federal law by paying referring cardiologists excessive fees to supervise positron emission tomography (PET) scans.

According to the Justice Department, from September 2016 to January 2025, MNI knowingly submitted false or fraudulent claims to federal health care programs arising from violations of the Anti-Kickback Statute. Specifically, MNI allegedly paid kickbacks to referring cardiologists in the form of above-fair market value fees, ostensibly for cardiologists to supervise PET scans for the patients they referred to MNI.

These fees substantially exceeded fair market value for the cardiologists’ services because MNI paid the referring cardiologists for time they spent in their offices caring for other patients or while they were not on site at all, or for additional services beyond supervision that were never or rarely actually provided.

MNI purported to rely on an attorney-opinion letter regarding fair market value that the United States alleged was premised on fundamental inaccuracies and that the consultant ultimately withdrew.

In connection with the settlement, MNI entered into a five-year corporate integrity agreement (CIA) with the United States Department of Health and Human Services Office of Inspector General (HHS-OIG). This agreement requires, among other compliance provisions, that MNI implement measures designed to ensure that arrangements with referring physicians are compliant with the Anti-Kickback Statute.

The agreement also requires that MNI implement a compliance program to identify and address the Anti-Kickback Statute risks associated with other financial arrangements and retain an Independent Compliance Expert to perform a review of the effectiveness of the compliance program.

The civil settlement resolves claims brought under the qui tam or whistleblower provisions of the False Claims Act by relators Matt Lieberman and James Whitney. Under those provisions, a private party or relator can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States ex rel. Lieberman v. Modern Nuclear, Inc., et al. (No. 8:23-cv-01646-DOC-KES) (C.D. Cal.). The relators will receive 16% of the total recovery in this matter.

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the Central District of California, with assistance from the HHS-OIG and the Defense Health Agency Office of Inspector General.

Assistant United States Attorney Paul B. La Scala of the Civil Division’s Civil Fraud Section and Senior Trial Counsel Sanjay M. Bhambhani of the Justice Department’s Civil Division handled this matter. The claims resolved by the settlement are allegations only and there has been no determination of liability.