On Sept. 13, 2023, the U.S. Attorney’s Office for the Northern District of Texas announced a settlement with Oliver Street Dermatology Management LLC. Oliver Street agreed to pay the United States $8.892 million to resolve self-reported allegations that its acquisition of several dermatology practices over five years violated the Physician Self-Referral Law (Stark Law), the Anti-Kickback Statute (AKS) and the False Claims Act (FCA).
This settlement includes more than $5.928 million in restitution, essentially a payment of 1.49 times the amount the government believed was due to improper billing, after a voluntary disclosure to the Department of Justice (DOJ).
According to the DOJ press release, from January 2013 to July 2018, Oliver Street, doing business as U.S. Dermatology Partners (USDP), acquired numerous dermatology practices across the country. In September 2021, soon after a recapitalization, the company voluntarily self-disclosed that former senior managers had increased the purchase price of 11 acquired dermatology practices in exchange for the practice provider’s agreement to refer services to USDP-affiliated entities, including surgical centers and pathology laboratories that Oliver Street manages and operates. The disclosure noted that claims for certain referred services were submitted for payment to Medicare, thus invoking the reach of the implicated federal laws.
The settlement resulted from potential liability for violations of the AKS, the Stark Law and...
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