Eye physicians pay $950K to settle whistleblower suit brought by former partner

Two San Diego-area ophthalmology specialists paid the federal government nearly $950,000 to settle allegations that they falsely billed Medicare in violation of the False Claims Act, the Department of Justice announced Jan. 2.

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San Diego Retina Associates’ Mark Smith, MD, and Fane Robinson, MD, were accused of billing Medicare for services provided by a physician who was not properly credentialed at the time.

Federal prosecutors also alleged that the physicians misidentified another SDRA physician who treated a Medicare patient, then received illegal Medicare payments resulting from that claim.

The settlement stems from a whistleblower lawsuit brought by Atul Jain, MD, an ophthalmologist and former partner at SDRA. Dr. Jain will receive $170,778.27 of the $948,768.18 settlement.

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