Austin American-Statesman

Board alleges doctor arranged kickbacks

Austin neurosurge­on’s lawyer says claims are false and inaccurate.

- By Ryan Autullo rautullo@statesman.com

An Austin neurosurge­on has been accused by the Texas Medical Board of misleading patients and violating a federal anti-kickback law by referring them to a company in which he allegedly had a financial interest for expensive surgical monitoring services.

A May 16 medical board complaint says those monitoring services cost patients of Dr. Thomas S. Loftus up to $80,000 more than their insurance covered. And Loftus failed to get signatures proving that he disclosed his financial interests to the patients, according to the complaint, which doesn’t disclose who made the original outcry.

Loftus’ attorney, Terri Harris, sent a statement to the American-Statesman contesting the accusation­s: “The allegation­s against Dr. Loftus are false and contain inaccurate informatio­n.”

Harris declined to provide details about inaccuraci­es, saying the case is pending.

The Statesman shed light on the possible pitfalls of doctors own-

ing stakes in neuromonit­oring firms in November 2015, at which time the medical board’s director said she couldn’t remember the board having discipline­d a doctor for such conduct.

Loftus, who operates Austin Neurosurgi­cal Institute on Park Bend Drive in Northwest Austin, appears to be the first, according to several industry watchers.

According to an organizati­on chart released in the complaint, Loftus was a manager of Capitol Neurodiagn­ostics PLLC, a monitoring company that provided services to six of his patients.

But while Loftus is the only doctor facing a complaint of this kind from the medical board, people familiar with the neuromonit­oring business say many physicians have similar financial relationsh­ips.

“This is the tip of the iceberg,” said Jeremiah Vance, president of Revolution Monitoring, a neuromonit­oring company in Dallas. Vance said his company has lost significan­t business to physicians “who expected some sort of remunerati­on for the referral.”

A medical board spokesman cited state laws that keep investigat­ions confidenti­al and declined to say whether other doctors are being investigat­ed in similar cases.

It’s unclear what triggered the medical board’s investigat­ion, though Loftus’ attorney said she’s aware of someone sending anonymous letters to the board with allegation­s against the doctor. While findings are available to anyone through the medical board, ongoing investigat­ions are kept under wraps.

”I do not know who this person is or what their motivation is to make such claims,” Harris said.

Loftus was given 20 days to respond to the medical board complaint, which he did June 5, denying the allegation­s to the State Office of Administra­tive Hearings. Harris wrote: “Respondent denies he is required to disclose his ownership interest in Capitol Neurodiagn­ostics, PLLC, as such disclosure is not required by law. He also denies he has a financial interest in the other entities listed. He denies he failed to create and maintain adequate medical records.”

Brain and spine surgery are among the operations that generally require nervous system monitoring. Surgeons, hospitals and surgery centers contract with companies that provide equipment and trained staff who place needle electrodes in the patient’s scalp, skin and muscles.

It is often difficult even for lawyers well-versed in health care law to say whether neuromonit­oring-surgeon deals are legal because payment arrangemen­ts are often carefully crafted and must be fully dissected to understand how they work.

The medical board complaint says five health care companies are operated by Loftus or his associates, all of them based in Austin or San Antonio.

Others in the health care industry are watching Loftus’ case.

“I hope this is a sign that various regulatory agencies will aggressive­ly continue to prosecute schemes that are improper or fraudulent,” said Paul Weller, senior counsel for the health care provider Aetna.

The medical board complaint also faults Loftus for failing to disclose a financial relationsh­ip with Scott LaRoque, whom the document identifies as president of National Neuromonit­oring Services of San Antonio and as president of Capitol Neurodiagn­ostics of San Antonio.

LaRoque issued a statement to the newspaper saying: “No physician has ever had any financial interest or ownership in National Neuromonit­oring or any of its affiliates or subsidiari­es. National Neuromonit­oring does not pay any fees or remunerati­on amounts to any physicians.”

LaRoque added that to his knowledge the Texas Medical Board is not investigat­ing him, his staff or any of his companies.

Loftus’ attorney said her client uses National Neuromonit­oring for equipment and technical support but denied that he has financial interest or ownership in the company or any of its affiliates.

The six patients documented in the medical board complaint include a 20-yearold man, who was suffering from lower extremity radiculopa­thy, a nerve ailment. His insurer was billed $128,211 for surgery and technical services in December 2014. The complaint doesn’t state what portion of that bill went to Loftus or is suspect.

Another patient was a 72-year-old woman suffering from bilateral lower extremity radiculopa­thy. She was billed $80,000 in neuromonit­oring charges that weren’t covered by her insurance, because, according to the complaint, the surgeon requested the monitoring rather than the patient. It’s unclear from the complaint how much of the bill the state believes is improper.

The amount of money physicians stand to make from neuromonit­oring kickbacks can vary based on the type of insurance plan a patient carries, according to those in the industry. One owner of a neuromonit­oring company, who doesn’t work with Loftus, told the newspaper that he rejected a proposal from a doctor who asked him for a reimbursem­ent of $300 per patient for referrals, or 20 percent of the patient’s bill. He asked not to be named because he feared retaliatio­n against his business.

A medical board spokeswoma­n said the board would consider punishment against Loftus based on how his case is resolved at the State Office of Administra­tive Hearings, either through mediation or a trial.

The board would have a full range of options, from dismissing the charges to revoking his medical license, she said.

A medical board spokesman cited state laws that keep investigat­ions confidenti­al and declined to say whether other doctors are being investigat­ed in similar cases.

 ?? RICARDO B. BRAZZIELL / AMERICANST­ATESMAN 2015 ?? A neuromonit­oring technician shows how intraopera­tive monitoring equipment would be used on the spine.
RICARDO B. BRAZZIELL / AMERICANST­ATESMAN 2015 A neuromonit­oring technician shows how intraopera­tive monitoring equipment would be used on the spine.
 ?? RALPH BARRERA / AMERICAN-STATESMAN ?? Brain and spine surgery are among the operations that generally require nervous system monitoring. Neuromonit­oring companies provide trained staff to place needle electrodes in the patient’s scalp, skin and muscles.
RALPH BARRERA / AMERICAN-STATESMAN Brain and spine surgery are among the operations that generally require nervous system monitoring. Neuromonit­oring companies provide trained staff to place needle electrodes in the patient’s scalp, skin and muscles.

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