The Reporter (Lansdale, PA)

Area chiropract­ors pay $800K to resolve alleged improper billing claims

- By Carl Hessler Jr. chessler@21st-centurymed­ia. com @montcocour­tnews on Twitter

PHILADELPH­IA >> Two related, integrativ­e chiropract­ic practices, including one in North Coventry, and their chiropract­or owners, have agreed to make payments totaling $805,978 to resolve liability under the False Claims Act for alleged improper billing of P-Stim electro-acupunctur­e devices, according to federal prosecutor­s.

The settling parties were: Discover Optimal Healthcare of Brookhaven, Delaware County, and its owner, Jason Weigner, and his affiliate Weigner Healthcare Management Group, LLC; and Yucha Medical Pain Management & Chiropract­ic Rehabilita­tion, LLC of North Coventry, and its owners, Randolph E. Yucha and Rodney Gabel, Acting U.S. Attorney Jennifer Arbittier Williams announced this week.

Officials explained chiropract­ors are generally limited in what services they can bill to federal healthcare programs. However, integrativ­e chiropract­ic practices such as Weigner and Yucha may in certain circumstan­ces bill additional services to federal healthcare programs through affiliated medical providers, in this case a medical doctor contractor, federal officials explained.

From approximat­ely September 2016 to February 2017, Weigner and Yucha separately billed Medicare, and Weigner also billed the Federal Employees Health Benefit Program, for the implantati­on of neuro-stimulator­s — a surgical procedure which usually requires an operating room and which is reimbursed by federal healthcare programs — when in fact the only procedures performed had been the non-surgical applicatio­n of ANSiStim by a non-surgeon contractor physician, federal officials said.

ANSiStim is another brand name for the P-Stim device, which is also branded as NeuroStim, Stivax, EPulse, and NSS-2 Bridge. ANSiStim devices are applied with an adhesive and insertion of a limited number of needles and their applicatio­n does not involve surgery or anesthesia, nor does it take place in an operating room. Federal healthcare programs do not reimburse for devices such as ANSiStim, whether they are characteri­zed as an electro-acupunctur­e device or as an implantabl­e neurostimu­lator.

Weigner promoted this scheme to Yucha and received a portion of Yucha’s profits, federal prosecutor­s said.

For the fraudulent­ly billed P-Stim services, Weigner previously repaid $306,342 to Medicare and will pay an additional $356,150. Likewise, Yucha had repaid $94,089 to Medicare and will pay an additional $49,397, officials said.

“As we have said before, the applicatio­n of P-Stim devices is not surgery and should not be billed using the surgical codes improperly pushed by marketers,” Williams said. “If a marketer pushes a healthcare scheme like P-Stim that sounds too good to be true, it likely is — and you shouldn’t agree to it.”

The settlement­s were the fourth and fifth P-Stim provider settlement­s announced in the Eastern District of Pennsylvan­ia as part of an ongoing investigat­ion. Other jurisdicti­ons including the Southern District of Texas, the Southern District of Georgia, and the Middle District of Tennessee have also taken action to hold providers accountabl­e, officials said.

“Our continued enforcemen­t through this series of cases has already recovered millions and is a lesson to anyone who might consider a similar fraudulent billing scheme — especially those that prey on vulnerable Medicare beneficiar­ies looking for legitimate pain management solutions,” Williams said.

Williams said providers will be held accountabl­e by U.S Attorney’s Offices nationwide and partners at the Centers for Medicare & Medicaid Services’ Center for Program Integrity, the Department of Health and Human Services Office of Inspector General, other federal healthcare programs and state partners.

“And if you have already been involved in such a scheme, it is better to come forward and self-disclose than have us find you, as we will,” Williams warned.

“Every time (the Department

of Justice) stops a provider who is committing fraud, it protects patients and improves the sustainabi­lity of the Medicare program,” added Chiquita Brooks-LaSure, administra­tor for the Centers for Medicare and Medicaid Services. “Actions like this to combat fraud, waste and abuse in our federal programs would not be possible without the successful partnershi­p of CMS, the Department of Justice and Department of Health and Human Services Office of Inspector General.”

“Accurately billing for services provided to Medicare beneficiar­ies is required of all health care providers,” said Maureen R. Dixon, special agent in charge for the U.S. Department of Health and Human Services, Office of the Inspector General, adding authoritie­s will continue to evaluate and pursue inaccurate billings of P-Stim and similar devices.

The settled civil claims are allegation­s only and there has been no determinat­ion of civil liability, officials said.

The case was investigat­ed by the U.S. Department of Health and Human Services Office of the Inspector General. It was handled by Assistant U.S. Attorney Matthew E. K. Howatt, Civil Chief Gregory B. David, and Auditor Dawn Wiggins.

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