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The Kentucky cardiologist pacemaker fraud case ended in a federal jury conviction for unnecessary implants that generated bills to Medicare, Medicaid and other insurers. The physician caused both the procedures and follow-up care to be billed. Patients received heart devices they did not need, and the programs and insurers paying for their care picked up the bills.
A federal jury convicted the London, Kentucky cardiologist of health care fraud on April 11, 2018. The HHS Office of Inspector General’s account of the criminal trial describes evidence that the physician implanted medically unnecessary pacemakers and caused the resulting procedures and follow-up care to be billed to health insurance programs.
The Justice Department’s conviction announcement described approximately 234 implanted pacemakers, dozens of them medically unnecessary, and losses of hundreds of thousands of dollars. The wrong began with the decision to put a device into a patient who did not need it. By the time an insurer saw a bill, that patient had already undergone the procedure.
The criminal trial account included follow-up care among the services billed after unnecessary implantation.
Someone who knows why the physician ordered an implant may see a problem that a person processing the subsequent bills cannot see. Conversely, someone handling claims may understand the billing that the clinical team never handles. We work with the insider to connect the treatment decision, its medical justification and the services insurers were asked to fund.
Medicare generally includes an implanted device’s cost in the payment for the procedure or hospital stay. A claim may still carry device codes and charges even when Medicare makes no separate payment for the implant. For an unnecessary-pacemaker inquiry, the procedure claim and its medical justification are therefore central.
Medicare’s medical-necessity requirement makes the reason for treatment a payment issue. The Social Security Act’s coverage provision generally excludes payment for care that is not reasonable and necessary for diagnosis or treatment.
In the London prosecution, the criminal trial evidence connected medically unnecessary pacemakers to claims for the procedures and subsequent care. The clinical decision mattered because it generated treatment the insurers were asked to pay for. For a cardiology insider, the reason written for an implant and the patient’s actual medical information belong in the same conversation. That is where clinical knowledge can expose a billing story that looks complete on paper.
For an unnecessary-pacemaker matter, we look for evidence connecting the reason given for implantation, the care delivered and the insurance claim, together with what the people involved knew. The useful starting point for our conversation is the discrepancy you can explain.
A clinical insider may understand why the stated reason for an implant conflicts with the patient’s medical information. A billing insider may know how that reason appeared in the claim. If someone raised concerns inside the organization, their account can also explain what the people responsible were told and how they responded. We bring clinical and billing expertise to those questions with you, whether your knowledge concerns the original implant, subsequent care or hospital arrangements.
A whistleblower case under the False Claims Act can pay 15% to 30% of what the government recovers.
If you saw pacemakers ordered without the medical support the billing suggested, speak to one of our Whistleblower Experts about the implants you saw ordered. We build your strongest healthcare whistleblower case with you and bring in healthcare fraud whistleblower lawyers who understand medical necessity and hospital reimbursement. We stay beside you as your knowledge of the treatment becomes the foundation of the case.