An Atlanta orthopedic practice, ambulatory surgery center (ASC) and anesthesia practice agreed last month to pay $3.2 million to settle a whistleblower lawsuit.
The civil case alleges that the anesthesia practice, Southern Crescent Anesthesiology, PC, provided kickbacks to the orthopedists to locate their epidural steroid injection procedures in the ASC instead of the office setting, so the anesthesia providers could get paid for providing anesthesia there for them.
According to a
U.S. Justice Department press release, David LaGuardia, a certified registered nurse anesthetist (CRNA), provided free medical director services for the ASC, Summit Orthopaedic Surgery Center, as an inducement.
However, the original whistleblower complaint obtained by Part B News also alleges that LaGuardia paid at least one of the orthopedists a cash “site of service fee” for locating the injections in the ASC.
In addition, LaGuardia’s company, Sentry Anesthesia Management LLC allegedly provided bonuses to surgery center employees to refer patients to Sentry for anesthesia services, according to the original whistleblower suit, brought in March 2013 by Sharon Kopko, former practice administrator at Georgia Bone & Joint (GBJ), the orthopedic practice named in the suit.
Kopko will receive an unspecified share of the settlement, the Department of Justice confirms.
In addition to the kickback charge, the government claims that GBJ and LaGuardia “caused the submission of false claims to Medicare for prescription drugs purchased outside of the United States and not approved by the U.S. Food and Drug Administration,” according to the Department of Justice press release.
Note that the claims resolved by the settlement are allegations only and “there has been no determination of liability,” the government states.