Orlando Sentinel

Surgery center faces lawsuit

Federal case alleges Orlando urologist took kickbacks, performed unneeded procedures

- By Naseem S. Miller

An Orlando urologist was performing kidney stone procedures that were not medically necessary and was taking millions of dollars in kickbacks from a local outpatient surgery center, according to a recently unsealed federal lawsuit.

The U.S. Justice Department is suing Dr. Patrick Hunter; the Orlando Center for Outpatient

Surgery, where he performed the procedures; and an affiliated company called Surgical Care Affiliates for violation of anti-kickback laws, filing false and fraudulent claims with federal government programs including Medicare, and for violation of whistleblo­wer protection, according to the lawsuit.

The suit, which was unsealed after three years of investigat­ion by the government, was brought on by Scott Thompson, former director of compliance at Illinoisba­sed Surgical Care Affiliates, which hired the staff and managed the billing at Orlando Center for Outpatient Surgery.

Since filing the whistleblo­wer lawsuit under seal in 2016, Thompson has been cooperatin­g with the federal government in investigat­ion of the case.

Now, the U.S. Justice Department has decided to take the lead in pursuing the case on behalf of Thompson. The department will file its own lawsuit within the next 90 days and potentiall­y narrow down the allegation­s.

Hunter died earlier this year, and it is unclear whether the Justice Department will continue the case against his estate.

The government’s involvemen­t in the case is noteworthy because the Justice Department declines to intervene in about 80% of whistleblo­wer lawsuits, said Joel Hesch, a former attorney at the Department of Justice and a professor at Liberty University School of Law.

Meanwhile, about 90% of the

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