Daily Local News (West Chester, PA)

‘Goodie bag’ doctor sentenced to prison for fraud scheme

- By Carl Hessler Jr. chessler@pottsmerc.com

A federal judge has prescribed prison time for a former Huntington Valley doctor who authoritie­s accused of distributi­ng “goodie bags” containing prescripti­on drugs as part of an insurance fraud scheme.

Andrew Berkowitz, 62, whose exact address was unavailabl­e, was sentenced in U.S. District Court in Philadelph­ia to 20 years in a federal prison and five years of supervised relief after he pleaded guilty to 19 counts of health care fraud and 23 counts of distributi­ng oxycodone outside the course of profession­al practice and without a legitimate medical purpose, charges for which he

was indicted in June 2019.

Berkowitz, who prosecutor­s alleged ran a prescripti­on “pill mill” from his medical practice in Philadelph­ia under the name of A+ Pain Management, also must pay a $40,000 fine and nearly $4 million in restitutio­n, according to court officials.

The sentence was imposed by U.S. District Court Judge Paul Diamond who ordered Berkowitz to forfeit fraud proceeds of approximat­ely $3.4 million and four properties.

With the charges, federal authoritie­s alleged Berkowitz fraudulent­ly billed insurers for medically unnecessar­y physical therapy, acupunctur­e, chiropract­ic adjustment­s and prescripti­on drugs, and for treatments never provided.

“Doctors who dare engage in healthcare fraud and drug diversion, two drivers of the opioid epidemic ravaging our communitie­s, should heed this sentence as a warning that they will be held responsibl­e, criminally and financiall­y,”

Acting U.S. Attorney Jennifer Arbittier Williams said on Tuesday. “Our office will continue to root out healthcare fraud and drug diversion in the Eastern District of Pennsylvan­ia in all its forms.”

Federal prosecutor­s alleged that regardless of their complaint, at every visit patients received a “goodie bag” which was a tote bag filled with prescripti­on drugs for which Berkowitz submitted pharmacy claims through his company, Bucks Philadelph­ia Medical Care Group.

Prosecutor­s said the “goodie bags” typically included a combinatio­n of drugs, including topical analgesics such as Relyyt and/ or Lidocaine; muscle relaxers such as Chloroxazo­n and/or Cyclobenza­prine; anti-inflammato­ry drugs such as Celecoxib and Nalfon; and controlled substances such as Tramadol for pain; and/or Eszopiclon­e and Quazepam for insomnia and anxiety.

Berkowitz obtained payments from insurers of more than $4,000 for each bag by falsely asserting that the drugs were for the benefit of the patient when, in reality, Berkowitz was the real beneficiar­y,

prosecutor­s alleged.

As part of the fraud scheme, Berkowitz also prescribed oxycodone to pillseekin­g

patients in exchange for their tacit approval that he would submit excessive claims to the patients’ insurers

for the “goodie bags” and other medically unnecessar­y services, prosecutor­s alleged. From 2015 through

2018, Berkowitz obtained more than an estimated $4 million in fraudulent proceeds from his scheme.

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