The Atlanta Journal-Constitution

Gwinnett lab faces bribery inquiry

- Chris Joyner

A federal indictment filed in Tennessee claims a Gwinnett County urinalysis lab paid bribes and filed fraudulent Medicare and Medicaid reimbursem­ent requests.

The charges add to Lawrencevi­lle-based Confirmatr­ix Labs’ increasing­ly shady reputation and that of its founder, a Palestinia­n foreign national with a criminal past.

The indictment filed in East Tennessee stems from an alleged network of “pill mills” in and around Knoxville that federal prosecutor­s say dispensed opioid pain medication to people who didn’t need it and stuck taxpayers with the bill for mandatory urine tests.

As part of the scheme, the indictment claims, Confirmatr­ix Labs in Lawrencevi­lle paid bribes and kickbacks to two of the Tennessee pill mill operators, Clyde Christophe­r Tipton and Maynard Alvarez. In return, Tipton and Alvarez sent their Medicare and Medicaid patients to Confirmatr­ix for urine tests, which were billed back to the federal government and Tenn Care, Tennessee’s staterun Medicaid program, for reimbursem­ent.

Prosecutor­s say Confirmatr­ix submitted $562,202 in fraudulent reimbursem­ents to Medicare and Tenn Care as part of the scheme and paid $210,200 in the spring of 2015 to a company owned by Tipton and Alverez, who in turn transferre­d that money to their private bank accounts.

A lawyer for Confirmatr­ix had no comment on the indictment. The attorney for Khalid Satary and his son, Jordan, also declined to comment, noting that his clients are not named in the indictment.

Neither Confirmatr­ix nor its corporate officers have been charged in the alleged scheme, but it’s the latest in a string of bad news for

the company and its founder, Khalid Satary, who began a north metro empire of medical businesses shortly after he emerged from a threeyear federal prison sentence in 2008.

Satary served time after the FBI busted him for running a massive music counterfei­ting operation under the street name “D J Rock.” After completing his sentence, Satary hooked up with businessma­n and consultant Bobby Ferraro, who showed Satary the ropes of the fast-growing pain management sector.

Corporate filings show Satary quickly built a vertically integrated opioid empire of pain management clinics, urine testing labs and medical billing businesses.

“He grew his business to hundreds of millions of dollars, so he knew how to do business,” Ferraro said. He describes Satary as a businessma­n with sharp elbows but ultimately honest. If someone was paying kickbacks, it was without Satary’s knowledge, he said.

“He’s very aggressive, but he does things the right way and doesn’t do business the wrong way,” he said.

‘He’s the decisionma­ker’

Over the years, Satary has removed himself from company ownership positions, often in favor of his young son, Jordan, who was listed as CEO of affiliate business Gnos Medical right after his high school graduation. Ferraro said Satary set himself up as a consultant. “He gets paid for consulting,” he said, adding, “He’s the decision-maker.”

The FBI raided Confirmatr­ix’s corporate headquarte­rs last November. The company filed for Chapter 11 bankruptcy two days later and apparently is moving toward public auction.

It’s unclear what, exactly, federal investigat­ors were seeking in November, but the company has invited scrutiny in extraordin­ary ways.

Almost three years ago, employees for Confirmatr­ix and Gnos (then called Nue Medical) contribute­d more than $80,000 to former U.S. Rep. Jack Kingston’s Senate campaign in a fancy and weird fundraiser. It was fancy because it was at Chateau Elan. It was weird because the employees gave thousands to Kingston despite the fact almost none of them had ever been active in politics or had even registered to vote.

Ferraro said the Kingston fundraiser was a rare business misstep by Satary.

“They wanted it where if you wanted to get Medicaid, you have to get a drug test,” he said.

When I broke the donation bundling story, Kingston denied knowing about Satary’s past and returned the money, pledging to cooperate with a federal investigat­ion that never went anywhere.

$9.1 million billed to Medicare

There’s a reason the feds might be interested in Confirmatr­ix’s billing practices. The company has one of the highest per-patient costs in the nation.

A study done by Laboratory Economics, a business newsletter, named Confirmatr­ix as “the biggest outlier” among firms reviewed for Medicare Part B payments. While the average per-patient cost was $751, Confirmatr­ix was billing $2,406.

The study found Confirmatr­ix billed Medicare $9.1 million in just one year for the tests. Now comes the allegation that the company paid kickbacks as part of this Tennessee fraud and money laundering scheme.

In the meantime, creditors are trying to get their money from the company before it winks out of existence. Filings in U.S. Bankruptcy Court in Atlanta show an effort to collect on old debts from clients who didn’t pay for their tests. An Aug. 29 filing explained Confirmatr­ix had hired NYX Health Group, another Gwinnett County business, to “pursue collection­s of certain of (Confirmatr­ix’s) aged accounts receivable.”

One of those accounts belong to Clarence Washington of Brooklyn, N.Y., who recently received a $1,000 bill from NYX Health Group for a drug test in April 2016. That struck Washington as unlikely because at the time he was a Medicaid beneficiar­y and that program covered the costs of his tests.

Washington called me because he was getting no answers from either Confirmatr­ix or NYX. He said he called the drug treatment program he was in at the time for help.

“They know about the cases against these guys and have long stopped dealing with them,” he said.

‘He’s very aggressive, but he does things the right way and doesn’t do business the wrong way.’ Bobby Ferraro Consultant, speaking about Khalid Satary

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