United States of America ex rel., et a.l v. Arthritis & Rheumatology Center, P.C., et al.

Atlanta, Georgia, commercial litigation lawyers represented the Defendant accused of using medical assistants to perform infusion services in violation of Georgia law and submitted claims for those services to Medicare in violation of the False Claims Act.

“Physicians who disregard state and federal law by allowing unqualified individuals to perform unauthorized medical services place patients in needless danger,” said U.S. Attorney Theodore S. Hertzberg. “Our office will hold accountable those who participate in federal healthcare programs but seek to enrich themselves by not following the rules.”

An investigation into Dr. Patel and his practice began when an ARC employee filed a whistleblower complaint alleging ARC improperly used unlicensed medical assistants to infuse powerful chemotherapy medications into ARC’s patients, even though Georgia regulations prohibit such conduct. The Medicare program does not pay for services rendered in violation of state law. Accordingly, the whistleblower alleged that ARC’s conduct resulted in the submission of false claims to Medicare in violation of the False Claims Act, 31 U.S.C. § 3729, et seq.

This civil settlement resolves a lawsuit filed in the U.S. District Court for the Northern District of Georgia by former ARC employee Phillips Allender (the Relator) under the qui tam or whistleblower provisions of the False Claims Act, U.S. ex rel. Allender v. Arthritis & Rheumatology Center, P.C. and Jatin Patel, M.D., No. 1:21-cv-4530-MLB. Under the False Claims Act, private citizens may bring suit for false claims on behalf of the United States and share in any recovery obtained by the government. The Relator will receive $414,200 from the settlement.

The claims resolved by the settlement are allegations only, and there has been no determination of liability.

This case was investigated by the U.S. Attorney’s Office for the Northern District of Georgia and handled by Assistant U.S. Attorney Adam D. Nugent.

Settled for $2.18 million.