Medical Group Gets Partial Victory on Medicare Fraud Charges

Allegations that an eye, ear, nose, and throat specialty practice submitted claims for unnecessary allergy tests and upcoded surgical procedures were dismissed June 30 (United States ex rel. Gacek v. Premier Med. Mgmt., Inc., 2017 BL 227565, S.D. Ala., No. 14-cv-342, 6/30/17).

The U.S. District Court for the Southern District of Alabama said whistle-blower Mark R. Gacek Sr., a former physician and partner with Premier Medical Group, failed to plead specific facts that indicated Premier actually submitted unnecessary or fraudulent Medicare claims as required by the False Claims Act. Judge William H. Steele said dismissal was warranted based ...