AROUND THE WORLD CHIROPRACTIC
Oklahoma Chiropractic Clinic, Owner, and Referring Physicians Pay $465,000 to Settle Federal False Claims Act and Kickback Allegations
OKLAHOMA CITY, OK - Croas 1 LLC d/b/a Chiropractic Associates (“Chiropractic Associates”) and Scott Kirkpatrick, DC. (“Dr. Kirkpatrick”), paid $365,000 to resolve allegations that they wrongfully paid physicians to induce referrals of durable medical equipment (“DME”), resulting in the submission of false claims to the Medicare program, announced United States Attorney Robert J. Troester. In separate agreements Cash Biddle, D O. (“Dr. Biddle”), and Chad Keeney, D.O. (“Dr. Keeney”), each paid $50,000 to resolve allegations they received remuneration from Chiropractic Associates and/or Dr. Kirkpatrick for the purpose of inducing referrals of Medicare DME orders.
Chiropractic Associates was an Oklahoma limited liability company that provided chiropractic, medical, and DME services in Ponca City, Oklahoma. Dr. Kirkpatrick is a chiropractic physician licensed to practice in the State of Oklahoma and was the sole member of Chiropractic Associates. Dr. Biddle and Dr. Keeney are osteopathic physicians licensed to practice in the State of Oklahoma.
The United States alleges that from October 2017 through July 2021, Chiropractic Associates and Dr. Kirkpatrick violated the Anti-Kickback Statute, 42 U.S.C. § 1320a-7b (“AKS”) and/or the Physician Self-Referral Law (commonly referred to as the “Stark Law”) by paying remuneration to referring providers for the purpose of inducing referrals of Medicare DME orders. The United States also alleges that Dr Biddle and Dr Keeney received such remuneration at certain times.
The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally funded programs. The Physician Self-Referral Law, commonly known as the Stark Law, prohibits a DME supplier from billing Medicare for certain services referred by physicians with whom the DME supplier has an improper financial arrangement, including the payment of compensation that exceeds the fair market value of the services actually provided by the physician. Both the Anti-Kickback Statute and the Stark Law are intended to ensure that physicians’ medical judgments are not compromised by improper financial incentives and instead are based on the best interests of their patients. Claims submitted under the Anti-Kickback Statute and the Stark Law violate the False Claims Act.
To resolve these allegations, Chiropractic Associates and Dr Kirkpatrick paid $365,000 to the United States, and Dr Biddle and Dr Keeney each paid $50,000.
In reaching this settlement, Chiropractic Associates, Dr. Kirkpatrick, Dr. Biddle, and Dr. Keeney did not admit liability, and the government did not make any concessions about the legitimacy of the claims. The agreements allow the parties to avoid the delay, expense, inconvenience, and uncertainty involved in litigating the case.
Assistant U.S. Attorneys Amanda R. Johnson and Ronald R. Gallegos prosecuted the case. Investigative assistance was provided by HHS-OIG and HHS-OIG Office of Audit Services.
Source: U.S. Attorney’s Office, Western District of Oklahoma
Additional charges filed against chiropractor
VENTURA CITY, CA - Prosecutors filed five more felony charges against a Ventura chiropractor Thursday after additional victims came forward in a sexual battery case.
Fernando Juarez Gomez Jr,, 43, has now been charged with eight felony counts of sexual battery by fraudulent representation, according to the Ventura County District Attorney’s Office, along with special allegations he took advantage of a position of trust or authority.
Such allegations can impact sentencing if a defendant is convicted. The Ventura Police Department arrested Gomez on March 21 when serving an arrest warrant at his office, Limitless Functional Therapy, on Westinghouse Street. The arrest stemmed from battery reports involving two patients and led prosecutors to file three felony counts. Police also
asked other potential victims to contact a detective. Since the arrest, three additional victims came forward with allegations they had been sexually battered while seeking chiropractic services from Gomez, prosecutors said in a news release.
Gomez pleaded not guilty to all counts and denied all special allegations during Thursday’s arraignment in Ventura County Superior Court. A bail review hearing is scheduled for April 11. Gomez currently remains out of custody on a $40,000 bail bond under the condition he can’t work as a chiropractor or personal trainer while the case is ongoing, according to the DA’s office.
Source: Ventura County Star
Pass on the information to warn other D. C. s about events that are really happening to chiropractors. If you see an article in your local, regional, or national news about chiropractic or a fellow chiropractor, e-mail or mail it to us at: editorial'apmchiropractorcom or #COI38, 8530 NW 72nd St., Miami, FL 33166.
