Burlington County Eye Physicians (BCEP), an ophthalmology practice with locations in New Jersey and Pennsylvania, and Dr. Gregory H. Scimeca, an ophthalmologist and the owner of BCEP, have agreed to pay $469,232 to resolve allegations that they submitted and caused the submission of false claims for payment for medically unnecessary transcranial doppler (TCD) tests to Medicare and the Federal Employee Health Benefit (FEHB) Program in violation of the False Claims Act. The United States alleges that from May 13, 2019, through Feb. 22, 2021, BCEP submitted and caused the submission of false claims for TCD tests to Medicare and the FEHB Program.
BCEP contracted with a medical diagnostics company (the “Company”) to perform TCD tests on BCEP patients. The Company staffed BCEP with a technician, who reviewed patient files and filled out forms to order TCD tests for BCEP patients from the Company. BCEP physicians, including Dr. Scimeca, signed the order forms the Company’s technician completed. At times, BCEP and Dr. Scimeca signed forms which indicated that patients had a diagnosis that they did not have, but that would have supported the medical necessity of the test. In addition, BCEP paid $30 to either the Company or a radiology company associated with the Company to interpret each TCD test, but BCEP physicians, including Dr. Scimeca, also billed Medicare and the FEHB Program for interpreting those tests.
