Menu Close

Category: Daily News

Is Health Care Fraud Really This Easy???

David Williams, a personal trainer, spent years posing as a doctor and billing the nation’s top insurers, making off with millions of dollars.

Williams called himself “Dr. Dave” because he had a Ph.D. in kinesiology. But he didn’t have a medical license. Yet he wrongfully obtained, with breathtaking ease, federal identification numbers that allowed him to fraudulently bill insurers as a physician for services to about 1,000 people.

Getting one through the federal government’s Medicare program is a rite of passage for medical professionals and organizations. Without it, they can’t bill insurers for their services.

Williams discovered and exploited an astonishing loophole: Medicare doesn’t check NPI applications for accuracy. Instead, as one federal prosecutor later noted in court, Medicare “relies on the honesty of applicants.”

Williams first applied for an NPI under his own name as far back as 2008. But it wasn’t until 2014 that Williams began to ramp up his scheme, even though now he wasn’t just unlicensed, he was a two-time felon.

He got a second NPI under the company name, Kinesiology Specialists. The following year, he picked up another under Mansfield Therapy Associates. In 2016, he obtained at least 11 more, often for entities he created in the areas where he found fitness clients: Dallas, Nevada, North Texas and more. By 2017, he had 20 NPIs, each allowing him a new stream of billings.

For every NPI application, Williams also obtained a new employer identification number, which is used for tax purposes. But he never hid who he was, using his real name, address, phone number and email address on the applications. He added the title “Dr.” and listed his credentials as “PhD.” Under medical specialty he often indicated he was a “sports medicine” doctor and provided a license number, even though he wasn’t a physician and didn’t have a medical license.

Now accepting most health insurance plans,” his Get Fit With Dave website announced. He added a drop-down menu to his site, allowing potential clients to select their health insurance provider: Aetna. Blue Cross Blue Shield. United.

He began building a team, soliciting trainers from the strength and conditioning department at Texas Christian University. He met with new recruits at local fast food joints or coffee shops to set them up. To the trainers, the business appeared legit: They even signed tax forms. Before long, Williams’ network stretched throughout Texas and into Colorado, Idaho and Nevada.

He used his favorite billing code – 99215. The code is supposed to be used less often because it requires a comprehensive examination and sophisticated medical decision-making, warranting higher reimbursement. In all, Williams used the code to bill United for more than $20.5 million – without apparently triggering any red flags at the insurer. For that code alone, the insurance giant rewarded him with $2.5 million in payments.

He ran the scheme for more than four years, fraudulently billing several of the nation’s top insurance companies – United, Aetna and Cigna – for $25 million and reaping about $4 million in cash.

A case summary, prepared by the Texas Department of Insurance, shows it first learned of the Williams case in January 2015 but lacked staff to investigate.

Cigna appears to have been the quickest to intervene. In January 2015, Cigna sent Williams a letter, noting that he wasn’t a licensed medical provider and had misrepresented the services he provided. The insurer said he needed to pay back $175,528 and would not be allowed to continue billing.

Williams had more than one National Provider Identifier, so he just switched numbers and kept billing Cigna. More than a year later, in May 2016, Cigna sent another letter, saying he now owed $310,309 for inappropriate payments. In total, the company paid him more than $323,000. Williams never gave any of it back.

In October 2017, Williams’ long run came to an end when he was arrested by the FBI. After a two day trial, a jury convicted Williams of four counts of health care fraud. He was sentenced him to a little more than nine years in federal prison and ordered him to pay $3.9 million in restitution to United, Aetna and Cigna.

Opioid and Cannabis Co-Use Increases Anxiety and Depression

A researcher from the University of Houston has found that adults who take prescription opioids for severe pain are more likely to have increased anxiety, depression and substance abuse issues if they also use marijuana.

“Given the fact that cannabis potentially has analgesic properties, some people are turning to it to potentially manage their pain,” Andrew Rogers, said in describing the work published in the Journal of Addiction Medicine.

Rogers focuses on the intersection of chronic pain and opioid use, and identifying the underlying psychological mechanisms, such as anxiety sensitivity, emotion regulation, pain-related anxiety, of these relationships. Rogers is a doctoral student in clinical psychology who works in the University of Huston Anxiety and Health Research Laboratory and its Substance Use Treatment Clinic.

Rogers surveyed 450 adults throughout the United States who had experienced moderate to severe pain for more than three months. The study revealed not only elevated anxiety and depression symptoms, but also tobacco, alcohol, cocaine and sedative use among those who added the cannabis, compared with those who used opioids alone. No increased pain reduction was reported.

Importantly, said Rogers, while the co-use of substances generally is associated with poorer outcomes than single substance use, little work has examined the impact of mixing opioids and cannabis.

Opioid misuse constitutes a significant public health problem and is associated with a host of negative outcomes. Despite efforts to curb this increasing epidemic, opioids remain the most widely prescribed class of medications. Prescription opioids are often used to treat chronic pain, despite the risks, and chronic pain remains an important factor in understanding this epidemic.

Cannabis is another substance that has recently garnered attention in the chronic pain literature, as increasing numbers of people use it to manage chronic pain.

“There’s been a lot of buzz that maybe cannabis is the new or safer alternative to opioid, so that’s something we wanted to investigate,” said Rogers, who said the idea for the study evolved from a conversation with Zvolensky. Rogers was studying opioid use and pain management when they began discussing the role of cannabis in managing pain.

The findings highlight a vulnerable population of polysubstance users with chronic pain and indicates the need for more comprehensive assessment and treatment of chronic pain,” said Rogers.

Generic Drugmakers Accused of Stonewalling Price Probe

The head of the U.S. House of Representative’s oversight panel on Wednesday called on three drugmakers to turn over documents as part of an ongoing congressional review over generic drug price increases and accused the companies of “apparent efforts to stonewall” the probe.

U.S. House Oversight Chairman Elijah Cummings, along with U.S. Senator Bernie Sanders, the ranking member on the Senate Budget Committee, sent the letters to Mylan NV (MYL.O), Teva Pharmaceutical Industries Ltd (TEVA.TA) and privately held Heritage Pharmaceuticals, the lawmakers said in a statement.

Mylan’s shares fell 6.8% to $18.37, while Teva slumped 6.2% to $6.61 on Wednesday morning.

“Teva continues to cooperate fully with all investigations,” a spokeswoman for the company said. Mylan did not respond to Reuters request for comment.

The lawmakers first launched the probe in 2014. Earlier this year, 44 U.S. states filed a complaint in federal court alleging drug price fixing by the three pharmaceutical companies and other drugmakers, according to the statement.

Now Cummings and Sanders said they were “opening an investigation into the companies’ apparent coordinated obstruction of the investigation as revealed by,” the states’ lawsuit.

“Not only did your company’s apparent obstruction undermine our investigation, but it may have caused further harm to patients and health care providers by delaying the discovery of evidence about the companies’ price-fixing,” Cummings and Sanders wrote.

Sanders, who is among those seeking the Democratic presidential nomination for the 2020 election, has made health care and drug prices a cornerstone of his campaign.

Victorville Pharmacist to Serve 5 Years in Prison

A High Desert pharmacist who illegally distributed oxycodone by filling hundreds of counterfeit prescriptions was ordered to serve 63 months in federal prison.

Pauline Tilton, 50, of Hesperia, a licensed pharmacist and the owner of Oasis Pharmacy in Victorville, was sentenced by United States District Judge Otis D. Wright II.

Tilton pleaded guilty on April 29 to one count of distribution of oxycodone and one count of money laundering related to more than a quarter millions dollars of revenue she received from the illegal sales.

Tilton filled at least 345 fraudulent prescriptions for oxycodone during a one-year period that ended in July 2017. The prescriptions were written under the name and DEA registration number of a retired doctor. When she pleaded guilty, Tilton admitted knowing the prescriptions were fraudulent, outside the usual scope of professional practice, and without a legitimate medical purpose.

As a result of the 345 prescriptions, Tilton and Oasis Pharmacy illegally diverted approximately 62,100 tablets of oxycodone to the black market. Many of the fraudulent oxycodone prescriptions also included prescriptions for alprazolam and promethazine with codeine. Those three drugs – oxycodone, alprazolam, and promethazine with codeine – comprise the “Holy Trinity,” a frequently abused and life-threatening cocktail of controlled substances.

In return for filling the fake prescriptions, Tilton and Oasis Pharmacy received hundreds of thousands of dollars in cash payments. Between January 2016 and June 2017, Tilton deposited $268,621 of illicit cash proceeds from her illegal drug distribution into three banks accounts over which Tilton held sole signature authority.

As he imposed the prison term – and ordered Tilton to pay a $30,000 fine – Judge Wright said the defendant demonstrated a “callous disregard for her own customers’ health.”

When Tilton pleaded guilty, Oasis Pharmacy also pleaded guilty to the same drug distribution and money laundering offenses. Judge Wright today placed Oasis Pharmacy on probation for one year.

This case was the first to be charged as the result of an ongoing investigation into corrupt pharmacies dubbed “Operation Faux Pharmacy.”

This case is being investigated by the Drug Enforcement Administration; the U.S. Department of Health and Human Services, Office of Inspector General; IRS Criminal Investigation; and the California Board of Pharmacy.

Roofer Sentenced in $1M Premium Fraud Case

Paul Ronald Payne (DOB 6/21/1968), of Simi Valley, was sentenced to 365 days in the Ventura County jail and ordered to pay $1,058,058 in restitution to the State Compensation Insurance Fund for underreporting payroll and failing to pay workers’ compensation insurance premiums.

Payne operated a roofing and painting business called Paul Payne Roofing. The business involved hiring and maintaining a crew of employees to work roofing and painting jobs.

Between 2012 and 2016, Payne submitted payroll reports to the State Compensation Insurance Fund indicating that he did not have any employees and thus paid only a fraction of the workers’ compensation premiums he owed.

One of Payne’s employees reported a traumatic injury in 2016, alerting the insurer that Payne was operating his business without reporting his true payroll.

In addition to his jail sentence, Payne was placed on six years of formal probation and paid $25,000 toward restitution prior to sentencing. He was ordered to continue making monthly restitution payments.

Workers’ compensation insurance fraud is not a victimless crime. It harms local businesses that pay for workers’ compensation insurance because their costs and prices are higher than those of uninsured and underinsured businesses. Uninsured and under-insured employers also risk the safety of their workers by failing to provide them with adequate protection from on-the-job injuries.

The Ventura County District Attorney’s Office takes a vigorous stance against workers’ compensation insurance fraud and works with local and state agencies to prosecute such fraud.

Next Week – 2019 Fraud Fighting & Employment Law Conference

One week left to sign up for the Big 2019 Fraud Fighting & Employment Law Conference. The event is sponsored by the Employers’ Fraud Task Force, in Collaboration with The Law Firm of Floyd, Skeren, Manukian and Langevin. It is scheduled for August 20th & 21st, 2019 at the Morongo Hotel & Casino.

Don’t miss this exciting event, packed with information, education, plenty of networking and excitement.. Register today using the online form, or print out the PDF and return it by mail.

AGENDA Day 1 – Tuesday, August 20, 2019

7:30 a.m. Registration/Breakfast/Exhibits/Networking
8:45 a.m. Emcee -Michael Chiriatti, San Bernardino DA’s Office
8:55 a.m. Opening Remarks – Mike Hestrin, Riverside County District Attorney
9:05 a.m. Fighting Workers’ Comp Fraud -Shaddi Kamiabipour, Orange County DA’s Office
9:40 a.m. WeTip/Stop it – Fraud Reporting Solution – There’s an APP for that!
10:15 a.m. BREAK/Exhibits
10:35 a.m. Fraud Syndicates – Teena Barton, ICW Group
11:15 a.m. MPNs Facts & Fiction – What you don’t know could be costing you Big Time -Tyrone Spears, City of Los Angeles -Margaret Wagner, Signature Network Plus
12:00 p.m. LUNCH/EXHIBITS Keynote Speakers The Honorable Paige Levy Chief Judge WCAB – Eric Charlick, California Department of Insurance.
1:00 p.m. DESSERT RECEPTION
1:30 p.m. Telemedicine -Ann Schnure, Concentra
2:15 p.m. Key Tips for Employers on Conducting Workplace Sexual Harassment Investigations Bernadette O’Brien, Esq. FSML – Amanda Manukian, Esq. FSML
3:00 p.m. BREAK/Exhibits
3:20 p.m. Key Tips on Conducting the Interactive Process & Considering Accommodations for Employees with Work Related Injuries -Bernadette O’Brien, Esq. FSML- Amanda Manukian, Esq. FSML
4:00 p.m. Navigating the Employee through the Complexities of the Workers’ Compensation System from the Employer’s Perspective -John Kallas, SmartComp -Mona Garfias, DMS -Cathy Yates, MTA
5:00 p.m. RECEPTION Networking

AGENDA Day 2 – Wednesday August 21, 2019

7:30 a.m.  BREAKFAST/EXHIBITS
8:30 a.m.  The Latest on Marijuana in the Workplace in Light of Legalized Recreational Use -Troy Slaten Esq. FSML – John Floyd, Esq. FSML
9:15 a.m.  Workers’ Comp Fraud Prevention and Prosecution – Operation Backlash, Largest Provider Fraud Case in the History of San Diego County-Dominic Dugo, San Diego DA’s Office
10:15 a.m. BREAK
10:30 a.m. How the Workers’ Comp System Victimizes Employers -Bill Reynolds, Argus First/Argus West Investigations
11:15 a.m. Criminal Referrals & Assembling a Compelling Case – Expectations, Timelines & Rules Southern California Workers’ Comp Fraud Consortium – Prosecutors -Jennifer Snyder, Los Angeles DA’s Office -Shaddi Kamiabipour, Orange County DA’s Office -Bill Lee, San Bernardino County DA’s Office -Michael Silverman, Riverside County DA’s Office -Andrew Reid, Ventura County DA’s Office
12:15 p.m. Adjournment & Drawings

Morongo Hotel and Casino – 49500 Seminole Dr – Cabazon, CA, 92230

Canada Forces $10B Reduction in Drug Prices

The Canadian government announced final regulations on Friday that should cut billions of dollars from patented drug prices that are among the highest in the world, overcoming heavy opposition from pharmaceutical companies who may eventually challenge the new rules in court.

The biggest reform to Canada’s drug price regime since 1987 would save Canadians C$13.2 billion ($10 billion) over a decade. The rules will save money for patients, employers and insurers including the government at the expense of drug company profits. They also could eventually cut the earnings of drugmakers in the United States, the world’s largest pharmaceutical market.

Minister of Health Ginette Petitpas Taylor said the new rules would lay the foundation for a new national drug program. Prime Minister Justin Trudeau’s government is expected to announce a program to cover the cost of prescription drugs for some or all Canadians, but the program’s scope is not yet clear.

Canada’s approach to drug pricing is unusual. Rather than bargaining prices down, the PMPRB declares that some prices are an illegal abuse of patent rights.

Drugmakers base their list prices on the agency’s published guidelines. When there is disagreement, PMPRB staff can challenge drugmakers at an internal tribunal. Most cases are settled, but appeals go to federal court and beyond.

In the past, drug companies have gone as far as the Supreme Court of Canada to challenge PMPRB guidelines. With new regulations come new guidelines, and the potential for fresh court challenges.

We anticipate a considerable uptick in litigation, at least initially, as the industry patentees test the boundaries of the new regime,” said Douglas Clark, executive director of the PMPRB, on a call with reporters. “That’s to be expected any time you substantially change rules.”

Global drugmakers, including Johnson & Johnson , Merck & Co and Amgen Inc , argued against the draft plan.

While the government’s focus is on reducing domestic patented drug prices that are among the highest in the world, the new policy could eventually have consequences south of the border.

The Trump administration in July said it would allow U.S. states and other groups to start pilot programs related to importing drugs from Canada. It has also said it may start determining what the U.S. government healthcare program Medicare pays for certain medicines based on prices in some other countries, including Canada.

Reuters reported in February that pharmaceutical lobby groups had tried to head off the Canadian reforms with an offer to give up C$8.6 billion in revenue over 10 years, freeze prices or reduce the cost of treating rare diseases. Drugmakers argue the reforms could limit Canadians’ access to new medicines.

The government said many countries with lower prices have more pharmaceutical industry investment and access to drugs that meets or exceeds Canada’s.

School Bus Driver Convicted in Comp Fraud Case

A former Cabrillo Unified School District bus driver claimed he suffered a right eye injury from a co-worker blasting a high-pressure water hose at him. He said the injury left him with headaches and blurry vision in 2015. He said he couldn’t drive and received workers compensation from the district.

Rick Rossi’s claims were false, authorities say.

The 60-year-old was convicted of insurance and auto fraud in July and sentenced to 60 days in jail and three years’ probation.

He must also pay $60,000 in restitution to Cabrillo Unified, of which he has already paid about $56,000.

“This guy’s really quite the fraud,” District Attorney Stephen Wagstaffe said.

Keenan and Associates, a private insurance consulting and brokerage firm, referred the file to Regency Investigations for surveillance. That inquiry revealed Rossi was driving and hitting targets with a gun at long distances at a shooting range, Keenan officials said, indicating he was able to work. Investigators also say he pointed a gun at them and followed them, but no charges were ever filed as a result.

Cabrillo Unified officials declined to comment, but confirmed Rossi has not been an employee at the district “for several years.”

The investigation also discovered that Rossi filed an insurance claim, saying his parked car was hit. Google Earth images from five months before, however, show the damage already existed, according to the DA’s report.

Defense attorney Joshua Davis who represented Rossi said, “(Rossi) took responsibility and is thankful to put this matter behind him, especially for his family.”

Victorville Physician Convicted for Illegal Opioid Prescriptions

An ex-physician pleaded guilty to federal criminal charges for illegally prescribing and distributing the semi-synthetic opioid painkiller oxycodone to undercover operatives who visited the physician’s Victorville medical office.

Wendell Mark Street, 67, of Las Vegas, pleaded guilty to two felony counts of illegally prescribing oxycodone to patients without a legitimate medical purpose. United States District Judge George H. Wu has scheduled a December 9 sentencing hearing, at which time Street will face a statutory maximum sentence of 40 years in federal prison.

Street admitted in court that, while he was a licensed anesthesiologist, on August 1, 2013, he sold two prescriptions for $300 each to a confidential informant and Ray Ephraim, an undercover investigator with the California Medical Board. He further admitted that he wrote the prescriptions without a legitimate medical purpose and intentionally acted outside the usual course of professional practice, including by failing to conduct a physical examination, establish diagnostic testing, provide a treatment plan, and create documentation to establish a medication indication for the prescriptions.

The investigation showed that Street prescribed 7,769 prescriptions for narcotics, including 437,000 doses of oxycodone, from November 2012 to November 2013.

Street was charged in a 10-count indictment returned by a federal grand jury in February 2018. During the investigation into Street, investigators executed a search warrant at his Victorville office in 2014. Street surrendered his California medical license in 2016.

This matter was investigated by the Drug Enforcement Administration – Riverside District Office Diversion Group.

This case is being prosecuted by Assistant United States Attorneys Bryant Y. Yang of the International Narcotics, Money Laundering, and Racketeering Section and Jason C. Pang of the General Crimes Section.

Opioid Settlement Negotiations – $45B Demand and $10B Offer

McKesson Corp., Cardinal Health Inc., and AmerisourceBergen Corp. have proposed paying $10 billion to settle claims they helped to fuel the U.S. opioid epidemic – the first sign of progress in resolving state lawsuits against the drug distributors, according to people familiar with negotiations.

The companies, which deliver the majority of prescription medications to U.S. pharmacies, made the verbal proposal as part of talks with a group of state attorneys general, said three people familiar with the offer who asked that their names not be used because they weren’t authorized to speak publicly.

It’s the first time in two years of discussions that the three distributors put a dollar figure on the table to resolve lawsuits against them, the people said. The National Association of Attorneys General – handling talks on behalf of more than 35 states – countered with a demand for $45 billion to cover costs from the public-health crisis of opioid addiction and overdoses, the people said. Any settlement would be paid out over decades, they said.

Whether the distributors and attorneys general can agree to a deal remains uncertain. But reaching a compromise may not be the toughest hurdle. The distributors face almost 2,000 additional lawsuits brought by cities and counties across the United States, with a separate group of lawyers leading the litigation. Getting them to sign on to any deal could prove challenging.

Defendants in the opioid litigation have been unwilling to settle the claims against them in a piecemeal fashion. Also on Tuesday, the judge overseeing the federal multidistrict litigation, Dan A. Polster, heard arguments over a proposal to create a structure would allow defendants to negotiate with a single committee on behalf of all cities and counties in the entire country.

State attorneys general have vociferously opposed the plan. Polster seemed supportive of the proposal during the hearing, but said he would take the arguments under advisement.

Meanwhile, the first opioid trial, which severs as a test case, concluded in mid July. The trial took place over seven weeks in the college town of Norman Oklahoma. Instead of a jury, a state judge heard the case.. There has not yet been a decision by the Judge.

Initially, the Oklahoma lawsuit included Purdue Pharma, the maker of OxyContin. In March, Purdue Pharma settled with the state for $270 million. Just two days before the trial began, another defendant, Teva Pharmaceuticals, announced an $85 million settlement with the state.

In the closing argument, the Oklahoma attorney general asked the court to award $17.5 billion. If he is successful, the current global demand of $10 billion for all state cases will seem like a bargain.