Last week, the United States Attorney’s Office for the Middle District of Florida reached a qui tam whistleblower settlement with a prominent Florida dermatologist for suspicious billing practices. The whistleblower’s suit, filed in federal court in Tampa, alleged that Dermatology Healthcare, LLC; Robert A. Norman, D.O, P.A.; Robert A. Norman, D.O.; and Carol Norman (collectively, Dermatology Healthcare) falsely billed government healthcare programs, including Medicare and Medicaid, for complex radiation treatments.

The whistleblower who brought this alleged fraud to the attention of the government authorities is represented by Daniel Miller of Berger Montague, P.C., and by Lawrence Klitzman of the Klitzman Law Group, PLLC. The claims resolved by the settlement are allegations only, and there has been no determination of liability.

Prior to filing this False Claims Act suit, the whistleblower investigated Dermatology Healthcare’s suspicious billing practices. The investigation revealed a number of important facts related to the actual radiation services being provided. Specifically, the company’s website depicted an image of a linear accelerator, which is a complex and expensive radiation device commonly located on the campuses of major hospitals. An image of a linear accelerator appears above.

Further, a review of the relevant billing records revealed that the government was being billed for complex radiation treatments typically delivered by a linear accelerator.

However, the complaint alleged that Dr. Norman did not own a linear accelerator, nor did he use a linear accelerator when administering radiation to his patients. Instead, the complaint alleged that he and/or his staff used a superficial radiation machine.

The case, under the False Claims Act captioned United States of America and the State of Florida, is ex rel. T.A.S., M.D. v. Robert A. Norman, D.O., et al., No. 8:15-cv-1506-T-23AEP

Leaders In The Law reported on another of Berger’s false claim settlements in February.