Former laboratory CEO Susan Hertzberg, of New York, and former laboratory sales executive Matthew Theiler, of Pinehurst, North Carolina, have agreed to pay $1.2 million to resolve False Claims Act litigation with the United States alleging illegal payments to doctors for laboratory referrals in violation of the Anti-Kickback Statute.
One doctor — Frederick Brown, of Missouri City, Texas — and six marketers — Thomas Gray Hardaway, of San Antonio, Texas; William Todd Hickman, of Anna, Texas; and Ginny Jacobs, Scott Jacobs, S&G Staffing LLC, and Jacobs Marketing Inc., all of Magnolia, Texas — have agreed to pay an additional $859,055 to settle the United States’ laboratory kickback allegations against them in the case.
With these settlements, the Department of Justice has secured over $61 million in civil False Claims Act settlements since 2019 for kickbacks to healthcare providers disguised as managed service organization (MSO) investment distributions, including recoveries from over 50 physicians.
“The Department of Justice is committed to rooting out fraud, waste, and abuse in federally funded healthcare programs,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “Kickback schemes can waste taxpayer dollars, erode healthcare providers’ medical judgment, and result in patients being subjected to unnecessary medical treatments.”
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