The Department of Justice announced that Advanced Pain Management Holdings Inc. (APMH), its wholly-owned subsidiaries, APM Wisconsin MSO (“APM MSO”) and Advanced Pain Management LLC (APM LLC); and Advanced Pain Management S.C. (APMSC) (collectively the “APM Entities”) have agreed to pay $885,452 to settle claims that they violated the False Claims Act by paying kickbacks and by performing medically unnecessary laboratory tests. The APM Entities are headquartered in the Milwaukee, Wisconsin area. The United States alleged that APMH improperly gifted shares of incentive stock to non-employee APMSC physicians who performed pain management procedures at APMH’s ambulatory surgical centers. The incentive stock was to be redeemed upon a sale of APMH and was dependent on the profitability of APMH, which was determined largely by referrals from the non-employee physicians. The incentive stock was allegedly given as a reward for past and anticipated referrals to APMH’s ambulatory service centers. The United States further contended that APMH paid non-employee APMSC physicians to serve as medical directors in a manner that was tied to the volume of procedures at APMH’s ambulatory surgery centers. There were no written agreements documenting the services the medical directors were to provide, and the medical directors were not required to record or report any medical director functions.
