Carla Sparkler, former Chief Marketing Officer of BioTek reMEDys Inc. (BioTek), located in New Castle, Delaware, has agreed to resolve allegations that she violated the False Claims Act by paying kickbacks to patients and physicians and waiving co-pays to protect BioTek’s revenue stream. Sparkler agreed to a six-year federal healthcare exclusion, which will prohibit her from participating in any federally funded healthcare program, such as Medicare. In its Complaint in Intervention, the United States alleged that, from at least August 2015 through May 2020, Sparkler served as the Chief Marketing Officer of Biotek. BioTek, a specialty pharmacy that offers drugs and infusion services, routinely waived the copayments of Medicare and TRICARE patients to induce those patients to purchase its drugs and services. Many of the specialty drugs offered by BioTek were expensive and required patients to pay large copays. The government alleged that BioTek sought to avoid deterring patients from purchasing its drugs and services by engaging in a scheme, orchestrated, and implemented by Sparkler, to routinely waive these large copays, without regard for whether the patients were experiencing financial hardship.
The settlement also resolves allegations that under Sparkler’s leadership, BioTek provided remuneration in the form of gifts, dinners, and free administrative and clinical support services to physicians—in particular Dr. David Tabby, who operated a neurology practice in Bala Cynwyd, Pennsylvania—to induce those physicians to refer patients to BioTek. The government also alleged that Dr. Tabby knowingly solicited and accepted this remuneration in exchange for referring numerous patients to BioTek. Dr. Tabby has separately paid $480,000 to settle these allegations, based on his ability to pay. Biotek and its chief executive officer, Chaitanya Gadde, previously agreed collectively to pay $20 million based on their ability to pay to resolve allegations that they violated the False Claims Act by paying kickbacks to patients and physicians to protect Biotek’s revenue stream.
