Legal Services for Sleep Study Clinics
Our Health Law Group assists health care providers, insurance companies, and individuals by defending them against charges and accusations of fraud within the healthcare industry. If you, your sleep study clinic, or someone you love are under investigation or have been formally charged with a crime, call us now.
Health Care Fraud in Sleep Study Clinics
Allegations of health care fraud in sleep study clinics stem from misleading doctors, patients, and falsifying records to collect additional funds, as well as running additional unnecessary tests on patients.
Generally, sleep study fraud claims are improper and illegal if they are:
- Not medically required or necessary tests
- Do not qualify as “sleep tests”
- Were billed for supplemental but unnecessary tests
- Were billed to more than one health care program and charged twice through different companies
Example
In 2017, Young Yi’s businesses 1st Class Sleep Diagnostic Center and 1st Class Medical were investigated for fraudulent activities. About $200 million in health insurance claims were submitted for reimbursement that were based on false statements to health care benefit programs — allowing them to profit from the fraud.
You may find more examples of cases like this in our “Press Release” section below.
Call 844-239-1234
for a Free Confidential Consultation
Our Health Law Group assists health care providers, insurance companies, and individuals by defending them against charges and accusations of fraud within the healthcare industry.
We help our clients deal with state and federal investigations and advise them on how to properly prepare for the investigation.
Health Care Fraud in Sleep Study Clinics
Allegations of health care fraud in sleep study clinics stem from misleading doctors, patients, and falsifying records to collect additional funds, as well as running additional unnecessary tests on patients.
Generally, sleep study fraud claims are improper and illegal if they are:
- Not medically required or necessary tests
- Do not qualify as “sleep tests”
- Were billed for supplemental but unnecessary tests
- Were billed to more than one health care program and charged twice through different companies
Example
In 2017, Young Yi’s businesses 1st Class Sleep Diagnostic Center and 1st Class Medical were investigated for fraudulent activities. About $200 million in health insurance claims were submitted for reimbursement that were based on false statements to health care benefit programs — allowing them to profit from the fraud.
You may find more examples of cases like this in our “Press Release” section below.
What is the Federal Health Care Fraud Statute?
18 U.S. Code § 1347 – Health Care Fraud
When a person intentionally and consciously schemes, executes, or attempts to:
- Defraud a health care benefit program; or
- Retrieve, by means of false representations, or promises, any or all of the money which belonged to the health care benefit program or should belong to; and
- The person does not have to know of the law they are breaking to be charged with the crime.
What is the False Claims Act (FCA)?
31 U.S. Code §3729 – False Claims
Any person who:
- Knowingly submits or allows someone to submit a false or fraudulent claim to receive payments from the health care benefit program
- Knowingly makes or uses fake records or statements to file a claim
- Helps someone else to violate (1), (2), (4), (5), or (6)
- Physically has the money that was for the government and uses some or all
- Has permission to falsify or send in a document that was intended for the government with the intent to defraud or does so not knowing completely that it is falsified
- Knowingly makes or uses a false record or statement to send money to the government or knowingly hides or transfers money
The person is liable to the government for a civil penalty of $5,000 – $10,000, plus three times the amount of damages.
What is a “Whistleblower?”
A “whistleblower” is a person who discloses information related to an illegal or immoral activity.
By making the disclosure of information the person is considered to be “blowing the whistle.”
What is a “Qui Tam” Action and What is a “Relator?”
The False Claims Act allows private persons to file suit for violation of the False Claims Act on behalf of the government.
A suit filed by an individual on behalf of the government is known as a “qui tam” action.
The person bringing the action is referred to as a “relator.”
The “relator” may be awarded between 15% – 25% of the amount received by the government.
Who can be found liable for health care fraud in sleep studies?
Anyone or any company that submits a false claim to the government can be found liable for health care fraud, for conspiracy to commit health care fraud, or for violating the health care claims act.
Who is in charge of Health Care Fraud investigations in sleep clinics?
The agencies in charge of these investigations:
- The Office of the Inspector General (“OIG”)
- The U.S. Department of Health and Human Services (“HHS”);
- The Department of Justice (“DOJ”) Health Care Fraud Unit;
- The Federal Bureau of Investigations (“FBI”) Health Care Fraud Unit;
- The National Insurance Crime Bureau (“NICB”);
- The Coalition Against Insurance Fraud (“CAIF”); and
- The National Association of Insurance Commissioners (“NAIC”).
Special Health Care Fraud Task Forces
Generally, the DOJ, FBI, and HHS-OIG, investigate and prosecute these crimes.
In 2007, the U.S. HHS-OIG created a task force to get ahead of all the fraud.
In 2009, the Attorney General and the Secretary of Health and Human Services also launched the Health Care Fraud Prevention and Enforcement Action (“HEAT”) initiative to combat health care fraud.
How are health care fraud investigations into sleep studies carried out?
How can I defend myself against charges of submitting a false claim?
- Under the “False Claims Act,” you must have actual knowledge that the claim was false.
- Hire an attorney to go through all of your documents and all information you’re aware of that could help you out if you did not have knowledge of the events that occurred.
- Also, you could file a qui tam complaint where you can be the “whistleblower/relator.” You can benefit by this because it allows you to start an investigation into the company conducting the fraud and get results.
- Furthermore, there is a fee of no less than 15% and no more than 25% of the settlement agreement.
Example
Telling one program you are submitting the insurance claim with them, then submitting it to another one as well. A prosecutor must prove that you committed the crime and had the knowledge in order to indict you on health care fraud.
Call 844-239-1234
for a Free Confidential Consultation
Health Care Fraud in Sleep Studies in the News!
“Former Owner of Sleep Study Businesses Convicted of Fraud Conspiracy”
As mentioned earlier in this article, Young Yi, the business owner of 1st Class Sleep Diagnostic Center and 1st Class Medical was convicted of seven counts of health care fraud.
She misled patients, withheld information from physicians, and used doctors’ identifying information with their permission so she could steal millions from Medicare and private insurances. Furthermore, Yi misled patients and doctors and falsified records to cover it up.
At trial, evidence was presented that Yi had over $83 million from Medicare and private insurance companies. She directed her employees to solicit patients who had been referred to her for actual sleep studies to run additional tests that were not medically necessary.
In addition, Yi had her own employees have sleep tests done and would be compensated. She made a game out of it by seeing who could refer the greatest number of friends and family members.
Lastly, the employees were instructed not to submit the results to the patients’ doctors and lied to the patients by telling them they did not have any copays or coinsurance.
Once the falsifying records were complete, the insurance companies would get cross-billed by using not one, but both companies to cover up the repetition and receive out-of-network for in-network services.
They were investigated by HHS-OIG and the DOJ, (the Medicare Fraud Strike Force).
“Two Charged with Running $11 Million Sleep Study Scam that Billed UPS and Costco Health Care Benefit Programs for Unneeded Tests”
Vishnevsky, the owner of Atlas Diagnostics Services (ADS) and Hernandez, the UPS driver recruited patients by offering cash in exchange for participating in sleep studies. Allegedly, they offered additional cash if these people could bring in relatives or co-workers to participate in the scheme as well. Nonetheless, none of these people had been prescribed a sleep study and was unnecessary.
Furthermore, ADS failed to score or interpret the data from the tests or provide it to anyone who could do so. Also, it was alleged that ADS had billed insurance providers for two sleep studies for many patients even though they only completed one.
ADS and the UPS driver submitted more than $11 million in fraudulent claims, most of which related to beneficiaries of the UPS and Costco health care benefit program. Lastly, they were indicted on 11 counts of false claims. If convicted, each would face a statutory maximum sentence of 10 years in federal prison for each count.
They were investigated by the OIG, DOL, and FBI.
“United States Settles False Claims Act Allegations Against Florida-Based Sleep Clinic and Two Physicians; Joins Lawsuit Against Two Additional Doctors”
A whistleblower for the Florida company, Sleep Medicine Center brought a suit, alleging that the company intentionally billed the government for millions of dollars. The services being charged for were either not medically necessary or were never performed.
Doctors Zachary and Restea ran the “Sleep Medicine Center” where rather than treating patients in accordance with Medicare and Tricare regulations; they did tests that were unnecessary, not conducted by appropriately licensed individuals, or not even performed. Nonetheless, they had agreed to supervise the clinic and failed to do so.
In addition, two more doctors, Young and DeCerce were supposed to help supervise as well but claimed they lent their names in exchange for money. It is alleged that without them, they would not have been able to bill the federal healthcare programs. They signed durable medical equipment orders for patients never seen by them. Lastly, they interpreted the results of the sleep study even though the machine did not work.
Four physicians violated the false claims act (FCA) by knowingly submitting false claims to the government for payments that were investigated by “HEAT.”
Call 844-239-1234
for a Free Confidential Consultation
Charges of defrauding government programs like Medicare and Medicaid can have a devastating impact on your family, your business, and your future in the profession.
That is why you need an experienced health care fraud attorney.
Our attorneys understand the healthcare industry and can help you understand the charges that are being brought against you. We can accompany you to interrogations and ensure that your rights are not violated. Ultimately, our goal is to help you establish a legitimate defense.
We have the knowledge and background to successfully defend anyone prosecuted for health care and insurance fraud in both state, criminal, and civil proceedings and federal, criminal, and civil proceedings.
We have represented industry and corporate clients, doctors, pharmacists, administrators, clinics, hospitals, and other healthcare industry professionals.
If you or someone you love has been charged with health care fraud related to the improper billing of transportation services, call our attorneys for a free legal consultation.