Moss & Gilmore Obtain $7.9 Million Settlement In FCA Whistleblower Lawsuit For Improper Radiation Oncology and E.R. Services; Including Payment of $850,000 for Whistleblower Retaliation Claim
27th September 2017
ATLANTA, Georgia (September 27, 2017) – Moss & Gilmore LLP announced today on behalf of their client Linda Jainniney, a former radiation oncology manager for AnMed Health, an affiliate of Carolina Health Care System (“CHS”), the settlement of a whistleblower lawsuit. AnMed Health will pay the federal government $7,073,000 to resolve allegations by the United States that it knowingly violated Federal law by, among other things: (i) submitting radiation-oncology-services claims to Medicare and other federal payors that required physician supervision where the radiation oncologists were not present to supervise the procedures; (ii) AnMed’s Minor Care Facility did not qualify as a Type B Emergency Department but it systematically billed Medicare at these higher rates and (iii) upcoding charges to Medicare and other federal payors for emergency-room nurse and nurse-practitioner services to falsely reflect that services were performed by physicians.
AnMed Health also agreed to pay Ms. Jainniney $850,000 to resolve her claims for retaliation under the FCA. For several years, Ms. Jainniney warned AnMed management, radiation-oncology physicians and staff, and employees of CHS that the law required that a radiation oncologist be present when supervising treatment of critically ill cancer patients and was retaliated against for repeatedly raising this warning.
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South Carolina DOJ Press Release