Court Assesses More than $170m in Penalties against Two Texas Ophthalmologists

Two ophthalmologists and their eye clinic must pay millions of dollars for fraudulently billing Medicare in relation to the evaluation and treatment of glaucoma. US District Judge Lynn N. Hughes assessed the amounts against Dr. Mustapha Kibirige, 58, and Dr. Emelike Agomo, 57, and the eye clinic they operated in Houston — Outreach Diagnostic Clinic LLP. Kibirige also practices in Humble. The action is a result of a whistleblower lawsuit a former employee of Outreach had filed under the False Claims Act (FCA). It alleged the two ophthalmologists were fraudulently billing the Medicare Program for single eye pressure measurement tests used to assess and treat glaucoma. Kibirige and Agomo allegedly billed the federal healthcare program using an improper reimbursement code that provided a higher reimbursement than what was allowed.

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