Digest Of Maryland False Health Claims Act Recoveries: 2011‒2021

Pietragallo Gordon Alfano Bosick & Raspanti, LLP
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Pietragallo Gordon Alfano Bosick & Raspanti, LLP

Takeaway: Over ten years, the Maryland False Health Claims Act has returned $160M to the State. This Digest summarizes each of the 173 matters reported under the Act from 2011 through 2021.

Background of the Act

Maryland is one of 32 states with its own qui tam statute.[1] The Maryland False Health Claims Act of 2010 prohibits the submission of false or fraudulent claims to a State health program, including Medicaid.[2] To enforce the Act, the State may file a civil action within the State.[3] Additionally, the Act allows private citizens (called “relators”) to file suit on behalf of the State.[4]

If the qui tam action leads to a recovery for the State, the relator is entitled to between 15% and 25% of the recovery, depending on the relator’s contributions to litigation.[5] A smaller amount may be awarded if the relator participated in the misconduct or if the government was already aware of the misconduct.[6]

Violators of the Act are liable to the State for: (1) a civil penalty of up to $10,000 for each violation; (2) monetary damages up to three times the amount of damages the State sustained; and, (3) attorney’s fees and court costs.[7] Because the Medicaid program is funded by both the State and federal governments, recoveries for false or fraudulent claims to Maryland’s Medicaid program are shared with the federal government.

Recoveries Reported under the Act

The Maryland False Health Claims Act requires the Director of the Medicaid Fraud Control Unit of the Office of the Attorney General and the Inspector General of the Department of Health to report settlements and judgments under the Act to the General Assembly.[8]

Over ten years, the Act has yielded $160,711,224.80 in settlements and judgments for Maryland. Remarkably, the State initiated 89 of the 173 reported cases—just over half.[9] Of the 89 State-initiated cases, the vast majority were resolved before the State filed a court action. Relators brought the other 84 reported cases under the Act’s qui tam provision. The State intervened in only three of the Relator-filed actions.

Table 1: Aggregate Figures by Year Based on Data Reported under the Maryland False Health Claims Act

Year Total Reported Matters Count of State-Initiated Matters Count of Relator-Filed Actions Count of State Interventions in Relator-Filed Actions Total Liability to Maryland
2011 3 1 2 1 $1,042,245.10
2012 6 3 3 1 $10,700,035.10
2013 12 7 5 0 $16,708,939.08
2014 23 16 7 0 $39,901,881.08
2015 11 4 7 1 $7,826,021.76
2016 15 1 14 0 $9,963,493.16
2017 21 11 10 0 $3,480,222.04
2018 26 16 10 0 $14,473,270.53
2019 25 15 10 0 $8,058,121.93
2020 16 10 6 0 $29,853,456.99
2021 15 5 10 0 $18,703,538.03
Grand Total 173 89 84 3 $160,711,224.80

Summaries of Reported Cases under the Act

Below are summaries of all 173 cases reported to the State General Assembly under the Maryland False Health Claims Act.

Year Resolved Before or After Action Filed? Brought By Did State Intervene Case Title / Defendant Summary of Allegations Liability to State
2011 After Relator No United States v. Novartis Pharmaceuticals Corp. The relator alleged that the Novartis marketed prescription medication for unapproved uses and paid remuneration to healthcare providers to induce them to prescribe particular medication. $478,193.63
2011 After Relator No United States v. UCB, Inc. The relator alleged that UBC, Inc. marketed prescription medication for unapproved uses and paid remuneration to healthcare providers to induce them to prescribe particular medication. $81,551.47
2011 Before State NA St. Joseph’s Medical Center Implantation of medically unnecessary cardiac stents. $482,500.00
2012 After Relator No United States v. UCB, Inc. The relator alleged that UCB engaged in illegal conduct when marketing prescription medication, including marketing medication for uses that had not been approved by the FDA and providing remuneration to healthcare providers to induce them to prescribe the medication. As part of a larger settlement that included the federal government and other states affected by this conduct, UCB paid the State $150,612.43. $150,612.43
2012 After Relator No United States v. Novo Nordisk, Inc. The relator alleged that Novo Nordisk paid remuneration to health care providers in violation of the federal Anti-Kickback Statute and obtained protected health information to use in its marketing efforts. As part of a larger settlement that included the federal government and other states affected by this conduct, Novo Nordisk paid the State $200,646.85. $200,646.85
2012 After Relator Yes United States v. Abbott Laboratories Maryland intervened in this qui tam case in 2011. The State alleged that Abbott Laboratories marketed a prescription medication for nonapproved uses, made false and misleading statements about the safety, efficacy, dosing and cost-effectiveness of the medication, and paid illegal remuneration to providers and long-term care pharmacies to induce them to promote and/or prescribe the medication. Abbott Laboratories paid $10,127,278.83 for conduct occurring in the State as part of a larger settlement involving the federal government and other affected states. $10,127,278.83
2012 Before State NA Peninsula Regional Medical Center The State resolved claims against Peninsula Regional Medical Center regarding the implantation of cardiac stents that were not medically necessary. This settlement was reached in principle during 2011 and completed during 2012. This settlement was part of a larger investigation conducted by the United States Attorney’s Office that led to Peninsula Regional Medical Center agreeing to pay $2,767,924 million to the State and Federal governments. The Maryland Medicaid portion of this settlement was $17,629.78. $17,629.78
2012 Before State NA Isabella Martire The State resolved claims that Dr. Isabella Martire used prescription drugs that were manufactured overseas, intended for use overseas, and illegally imported into the United States. The settlement was part of a larger investigation conducted by the United States Attorney’s Office regarding Dr. Martire that led to Dr. Martire entering a plea to a criminal violation of federal law and agreed to pay $514,000 to the affected government health care programs. Maryland received $97,135 in the settlement. $97,135.00
2012 Before State NA The Good Samaritan Hospital of Maryland, Inc. The Stale resolved claims that the Good Samaritan Hospital improperly reported that many of its patients were malnourished when, in fact, they were not. This settlement, which led to payment to several government health care programs, was part of a larger investigation conducted by the United States Attorney’s Office with assistance from the Maryland Health Services Cost Review Commission. Maryland received $106,732.21 $106,732.21
2013 After State NA State of Maryland v. All About You, Inc. The State sued in the Circuit Court for Baltimore County in 2012. A settlement was reached in 2013. All About You was liable for $159,044 under the agreement. All About You provides home health care services. The company submitted false or fraudulent claims by seeking payment for services provided by a home health care worker who resided with the patient in violation of applicable regulations and by seeking payment for services that were not rendered in accordance with governing regulations regarding physician oversight, nurse monitoring, and other program requirements. $159,044.00
2013 After State NA United States v. Healthpoint, LTD In 2012, the State intervened in this lawsuit filed in the District of Massachusetts. A settlement was reach in 2013. Healthpoint was liable for $345,428.63 under the agreement. The case began as a qui tam lawsuit before the enactment of the False Health Claims Act. Maryland was not named as a party by the relator. The federal government chose to intervene in the case in 2011. After the case was unsealed, the State intervened to assert claims on behalf of the Maryland Medical Assistance program. The State alleges that Healthpoint misrepresented certain federally required information codes for the prescription medication Xenaderm, leading States to pay claims that would not have been paid had Healthpoint used the proper codes. $345,428.63
2013 After Relator Yes United States v. Abbott Laboratories Maryland intervened in this qui tam case in 2011. Payment of $10,127,278.83 was received in 2013. The State alleged that Abbott Laboratories marketed a prescription medication for uses that were not approved by the FDA, made false and misleading statements about the safety, efficacy, dosing and cost-effectiveness of the medication, and paid illegal remuneration to providers and long-term care pharmacies to induce them to promote and/or prescribe the medication. $10,127,278.83
2013 After Relator No United States v. Amgen Maryland, with the Federal government and other states, settled allegations that Amgen, Inc. engaged in various illegal marketing practices to promote sales of some of its drugs. Amgen was also alleged to have inaccurately reported and manipulated prices for these drugs, causing the submission of false claims. Amgen was liable for $865,473.73 under the agreement. $865,473.73
2013 After Relator No United States v. Boehringer lngelheim The State entered into a settlement agreement to resolve allegations that Boehringer lngelheim Pharmaceuticals, Inc. (BLPI) paid kickbacks and engaged in off-label marketing campaigns that improperly promoted four drugs: Atrovent, Combivent, Micardis and Aggrenox. The settlement also resolves allegations that BLPI knowingly promoted the sale and use of Combivent and Atrovent at doses that exceeded those covered by federal health care programs and that BLPl knowingly made unsubstantiated claims about the efficacy of a certain Aggrenox. The defendant was liable for $286,308.50 under the settlement. $286,308.50
2013 After Relator No United States v. Ranbaxy USA The State entered into a settlement agreement to resolve allegations that Ranbaxy USA, Inc. knowingly manufactured, distributed and sold generic pharmaceutical products whose strength, purity and/or quality fell below the standards required by the FDA. Ranbaxy was liable for $849,259.66 under the agreement. $849,259.66
2013 After Relator No United States v. Par Pharmaceuticals Companies The State entered into a settlement agreement to resolve allegations that Par Pharmaceuticals Companies, Inc. promoted sales of the drug Megace for uses not approved as safe and effective by the FDA and not covered by the Medicaid programs. It was also alleged that Par improperly targeted sales to a certain population while being aware of adverse side effects associated with the use of its drug in this population. Par made unsubstantiated and misleading representations to encourage providers to switch patients to its drug despite having conducted no well-controlled studies to support a claim of greater efficacy. Par was liable for $29,031.86 in restitution and other recoveries. $29,031.86
2013 After State NA United States v. GlaxoSmithKline The State entered into a settlement with GlaxoSmithKline LLC (GSK) to resolve allegations that GSK engaged in unlawful marketing of drugs for nonapproved uses; offering kickbacks to providers; and underpaying rebates owed to government programs for various drugs paid for by Medicaid and other federally funded programs. This settlement encompassed both qui tam claims and claims arising from an independent federal government investigation. GSK was liable for $9,392,168.53 under the agreement. This amount includes liability to the federal government for claims regarding Avandia and related medications. The State share is $3,620,452.06. $3,620,452.06
2013 Before State NA Ursula Poydras Ursula Poydras, M.D. agreed to pay $70,000 to the State. The agreement settles allegations that Dr. Poydras improperly used vaccines provided by the Vaccines for Children program for patients not covered by the program. $70,000.00
2013 Before State NA Rodney Scott Rodney Scott provided home healthcare services to his wife, in violation of Medicaid program rules. Caregivers in certain programs may not be married to the recipients to whom they are rendering care. Mr. Scott settled the allegations against him and agreed to pay $26,040.96 to the State. $26,040.96
2013 Before State NA All Staffing, Inc. In 2012, the State resolved claims that All Staffing, Inc. submitted claims for home health care services provided by a home health care worker who resided with the patient in violation of applicable regulations. All Staffing paid $42,000 to the State in installments that were paid in 2012 and 2013. $42,000.00
2013 Before State NA Amgen, Inc. The State settled allegations that Amgen violated federal and state law by paying unlawful remuneration to certain pharmacies. Amgen agreed to provide certain institutional pharmacies rebates and other compensation in exchange for these pharmacies recommending the nephrology drug Aranesp and instituting so-called switching programs intended to identify patients taking competing drugs and switch them to Aranesp. Amgen was liable for $288,620.85 under the agreement. $288,620.85
2014 After State NA State of Maryland v. GlaxoSmithKline, LLC The State sued in the Circuit Court for Baltimore City in 2013. The State alleged that GlaxoSmithKline concealed information about the safety risks and efficacy of Avandia and related medications used to treat diabetes. The lawsuit sought to recover on behalf of the Medicaid program and other state health care programs. A settlement was reached in 2014. GlaxoSmithKline was liable for $15,000,000.00 under the agreement. $15,000,000.00
2014 After State NA United States, et al. v. Malik, et al. The United States filed suit in the District of Columbia in August 2012 against Ishtiaq Malik, M.D. and two medical practices that he controlled. The lawsuit alleged that the Defendants overbilled for performing cardiac tests and billed for services that were not provided. The State, along with the District of Columbia, intervened in that lawsuit in February 2013. The Court entered a judgment against the Defendants in 2014, ordering them to pay a total of $305,151.24 to the State and to pay another $407,000 in per violation penalties. The Defendants were also ordered to pay additional sums to the federal and District of Columbia governments. The Defendants have appealed that judgment. $712,151.42
2014 After Relator No United States v. BioScrip, Inc. The State along with the federal government and other states settled allegations that BioScrip, a specialty pharmacy, engaged in a kickback scheme with pharmaceutical manufacturer Novartis Pharmaceuticals Corp. The State alleged that BioScrip accepted improper payments in exchange for persuading doctors and patients to use Novartis products. BioScrip was liable for $30,142.62 under the agreement. $30,142.62
2014 After Relator No United States v. CareFusion Corp. Maryland joined with the federal government and other states to settle allegations that CareFusion Corp. engaged in off-label marketing of the antiseptic ChloraPrep. The State also alleged that CareFusion paid improper compensation that was intended to influence a consultant’s work on the National Quality Forum’s Safe Practices Committee to recommend or promote ChloraPrep. CareFusion was liable for $217,353.77 under the agreement. $217,353.77
2014 After Relator No United States v. Genzyme Corp. Maryland joined with the federal government and other states to settle allegations that Genzyme Corp. triggered false claims to be submitted to federal and state health care programs for unapproved use of a “slurry” version of its Seprafilm adhesion barrier. The settlement resolves allegations that Genzyme sales representatives taught doctors and other staff to cut the Seprafilm sheets into small pieces, add saline and allow the pieces to dissolve until the desired consistency was reached. Genzyme was liable for $84,627.69 under the agreement $84,627.69
2014 After Relator No United States v. ISTA Pharmaceuticals, Inc. Maryland joined with the federal government and other states to settle allegations that ISTA Pharmaceuticals, Inc. marketed the drug Xibrom for uses that were not approved by the FDA and also paid illegal inducements to doctors to write prescriptions for Xibrom. ISTA was liable for $9,796.51 under the agreement. $9,796.51
2014 After Relator No United States v. Janssen Pharmaceuticals, Inc., et al. Maryland joined the federal government and other states to settle allegations that Janssen Pharmaceuticals, Inc. and Johnson & Johnson employed unlawful off-label marketing and kickback schemes to promote the sales of the drugs Risperdal and Invega. The Defendants are liable under the agreement for $20,713,227.89. $20,713,227.89
2014 After Relator No United States v. Mallinckrodt, LLC Maryland has joined with the federal government and other states to settle allegations that Mallinckrodt paid consulting fees and other compensation to doctors as kickbacks in exchange for prescribing the drugs Restoril, Magnacet, and Trofranil-PM. Mallinckrodt was liable for $3,756.51 under the agreement $3,756.51
2014 After Relator No United States v. Medtronic, Inc. Maryland joined with the federal government and other states to settle allegations that Medtronic, Inc. caused false claims to be submitted to the Medicaid Program for replacement insulin pumps that were not medically necessary or should have been covered under warranty. Medtronic was liable for $555.70 under the agreement. $555.70
2014 Before State NA Advanced Cardiology Center The State, along with the federal government, reached an agreement with Advanced Cardiology Center, Pankaj Lal, M.D., Mubashar Choudry, M.D. and Moshin Ijaz, M.D. The agreement settles allegations that the Defendants improperly billed-for nuclear stress tests. They are liable for $6,055.31 under the agreement. $6,055.31
2014 Before State NA Deanne Grant Deanne Grant is the owner of a home health care agency. The State alleges that Grant submitted claims to the Medicaid Program for payment for nurse monitor services that were not provided. A settlement agreement was reached. Grant was liable for $5,885.14 under the agreement. $5,885.14
2014 Before State NA Foundation Health Services, Inc. The State along with the federal government reached an agreement with Foundation Health Services, Inc., its affiliated nursing facilities and its President and CEO Richard T. Daspit, Sr. to settle allegations that they submitted false claims for payment for materially substandard or worthless skilled nursing facility services. The substandard or worthless services included, but were not necessarily limited to, failing to follow appropriate fall protocols, failure to follow appropriate pressure ulcer and infection control protocols, failure to properly administer medications, failure to employ a sufficient number and skill-level of nursing staff to adequately care for the residents, and failing to provide a habitable living environment. Under the agreement, Foundation Health Services agreed to pay $750,000.00. The State received $173,000 and the remainder was paid to other governmental entities. $173,000.00
2014 Before State NA Reva Gill, M.D. and Kenilworth Internists, P.A. The State along with the federal government resolved allegations that Reva Gill, M.D. and Kenilworth Internists, P.A. overbilled for nuclear stress tests. Gill and Kenilworth are liable for $672.30 under the agreement. $672.30
2014 Before State NA Sherifat A. Fakunle Sherifat A. Fakunle is a pharmacist licensed to practice in Maryland and was previously the owner and operator of a pharmacy. The State resolved allegations that Fakunle submitted claims to the Maryland Medicaid Program for payment for medications that had not been ordered by a physician and that were not delivered to the named recipient. Fakunle was liable for $100,206.00 under the agreement. $100,206.00
2014 Before State NA Keystone Peer Review Organization, Inc. In 2006, the Department of Health and Mental Hygiene awarded to Keystone Peer Review Organization, Inc., (“KePRO”) a contract to perform utilization control services for the Maryland Medical Assistance Program. The State alleged that KePRO accepted payment for performance of reviews for acute care hospital patients who were not Medicaid participants and performed unnecessary reviews. KePRO agreed to pay $1,675,000.00 to the State. $1,675,000.00
2014 Before State NA John Arthur Kiely, M.D. The United States filed suit against John Arthur Kiely alleging that he performed repeated laser eye procedures that were not reasonable and necessary and that he billed for services that were not rendered. Maryland joined with the federal government to resolve these allegations. Dr. Kiely was liable for $24,598.72 under the agreement. $24,598.72
2014 Before State NA Maryland General Hospital, Inc. The State has joined with the federal government and entered into a settlement agreement with Maryland General Hospital to resolve allegations that the hospital billed improperly for some cardiovascular tests and then failed to return the money after learning of the improper payments. The Medicaid program received $107,230.20 under the agreement, a portion of which was paid to the federal government. $107,230.20
2014 Before State NA Sureshkumar Muttath, M.D. Maryland joined with the federal government to resolve allegations that Sureshkumar Muttath, M.D. overbilled for performing nuclear stress tests. Muttath was liable for $215.30 under the agreement. $215.30
2014 Before State NA Stewart Perim, D.D.S. The State entered into a settlement agreement with Stewart Perim, DDS, to resolve allegations that Perim submitted claims and received payment for dental services that were not rendered. Perim was liable for $340,000.00 under the agreement. $340,000.00
2014 Before State NA A1 Reliable Medical & Healthcare Services, Inc. f/k/a Reliable Medical & Healthcare Services, Inc. The State reached an agreement with A1 Reliable Medical & Healthcare Services to resolve allegations that Reliable submitted claims for durable medical equipment and disposable medical supplies for which Reliable did not have a prescriber’s order or certification of continuous medical need or for which it had not obtained a proof of delivery. The State also alleged that Reliable submitted claims for home health care services that were not provided by appropriately licensed individuals. Reliable was liable for $500,000.00 under the agreement. $500,000.00
2014 Before State NA Rite Aid of Maryland, Inc. The State resolved allegations that Rite Aid of Maryland mailed prescriptions to patients without confirming their mailing addresses. Some were returned to Rite Aid as undeliverable, but payments for all of the returned prescriptions were not refunded to the Maryland Medicaid Program. Rite Aid was liable for $20,000.00 under the agreement. $20,000.00
2014 Before State NA St. Joseph’s Medical Center The State joined with the federal government to resolve allegations that St. Joseph’s Medical Center submitted claims for medically unnecessary short stay admissions (admissions of two days or less). St. Joseph’s Medical Center was liable for $152,406.00 under the agreement. $152,406.00
2014 Before State NA Lisa Valentine, D.D.S. The State resolved allegations that Lisa Valentine, DDS billed for services that were not rendered. Her husband, who submitted the false claims for the services, previously pleaded guilty to Medicaid fraud in Baltimore City Circuit Court. Valentine was liable for $25,000.00 under the agreement. $25,000.00
2015 NA Relator NA United States v. Pharmacare, LLC and Viiay Reddy Annappareddy The State and the United States pursued criminal prosecutions of individuals based on conduct that was also alleged in a qui tam action. The State alleges that Pharmacare billed for prescriptions that were not dispensed to patients. Four individuals have pleaded guilty to various offenses arising out of this scheme: Jigar Patel, Vipinkumar Patel, Ramakrishnan Guruvareddy, and Mannava Ventaka. A fifth defendant, Vijay Reddy Annappareddy was convicted by a jury of health care fraud and aggravated identity theft. Criminal restitution of $4,852,055.22 was ordered. No action has been taken to date in the civil proceeding. $4,852,055.22
2015 After Relator No United States v. Astellas Pharma US, Inc., et al. Maryland joined with the federal government and other states to settle allegations that Astellas Pharma US, Inc. engaged in off-label marketing and pricing of the drug Mycamine to pediatric institutions and for pediatric use. Relator alleges that Astellas Pharma US, Inc. marketed and sold Mycamine to children’s hospitals for all adult indications in the pediatric population without warning of the risk of liver tumors. Astellas Pharma US, Inc. was liable for $13,583.96 under the agreement. $13,583.96
2015 After Relator No United States v. Daiichi-Sankyo, Inc. Maryland joined with the federal government and other states to settle allegations that Daiichi-Sankyo, Inc. engaged in off-label marketing of Benicar, Benicar HCT and Welchol by misrepresenting their efficacy, failing to disclose potential adverse side effects, and paying kickbacks to induce physicians to prescribe the drugs. Relators alleged that kickbacks were provided as compensation and/or honorariums paid to physicians who conducted in Physician Opinions and Discussions meetings over lavish meals. Daiichi-Sankyo, Inc. was liable for $42,965.81 under the agreement. $42,965.81
2015 After Relator No United States v. Shire Pharmaceuticals, LLC The State has joined with the federal government and other states to settle allegations that Shire Pharmaceuticals, LLC employed off-label marketing schemes to promote the sales of the drugs Adderall XR, Vyvanse, Daytrana, Lialda and Pentasa. Shire Pharmaceuticals LLC was liable for $1,090,570.68. $1,090,570.68
2015 After Relator No United States v. Omnicare, Inc., NCS Healthcare, LLC and NeighborCare, Inc. Maryland joined with the federal government and other states to settle allegations that Omnicare, NCS Healthcare, LLC and NeighborCare, Inc. engaged in a kickback scheme with several skilled nursing facilities. Under the scheme, skilled nursing facilities received deeply discounted, commercially unreasonable drug prices for their patients to induce them into signing a contract for Omnicare to provide drugs to each patient in the facility. Omnicare was liable for $187,825.70. $187,825.70
2015 After Relator No United States v. Organon USA Inc., et al. Maryland joined with other states to settle allegations that Organon Pharmaceuticals USA, Inc. and related entities underpaid rebates owed to the Medicaid program for the drugs Remeron and Remeron Sol Tab. The settling entities are liable for $197,883.13 under the agreement. $197,883.13
2015 After Relator No United States v. Organon USA Inc., et al. Maryland joined with other states to settle allegations Organon Pharmaceuticals USA, Inc. and related entities underpaid rebates owed to the Medicaid program for the drugs Tice BCG, NuvaRing, Cyclessa, Mircette, and Desogen. The settling entities are liable for $194.214.65 under the agreement. $194,214.65
2015 Before State NA Americle Healthcare, Inc. The state resolved allegations that Americle Healthcare, Inc. (formerly known as Americhoice Healthcare, Inc.) submitted claims for payment for items that were not actually delivered to patients or were not delivered in accordance with applicable regulations. Americle was liable for $1 million under the agreement. $1,000,000.00
2015 Before State NA Children Achieving Maximum Potential The State resolved allegations that Children Achieving Maximum Potential submitted claims for payment to the Medicaid program for services that were not actually delivered or were not delivered in compliance with applicable regulations. Children Achieving Maximum Potential was liable for $58,000 under the agreement. $58,000.00
2015 Before State NA John G. Deleonibus, D.P.M. The State resolved allegations that Dr. John G. DeLeonibus double-billed for services. Dr. DeLeonibus was liable for $28,483.22 under the agreement. $28,483.22
2015 Before State NA River Rx, Inc. and Narender Dhallan Narender Dhallan is the owner of River Rx, Inc., a pharmacy in Maryland. The State resolved allegations that Narender Dhallan submitted, or caused to be submitted, claims to the Medicaid Program for payment for prescription drugs that had not been prescribed by a physician. A settlement agreement was reached. River Rx, Inc. and Narender Dhallan have agreed to pay $160,439.39 under the agreement. $160,439.39
2016 After Relator Yes United States v. Novartis Pharmaceuticals Corp. The State, along with 10 other states and the federal government intervened in this qui tam lawsuit, filed the Southern District of New York. Maryland joined with the federal government and other states to settle allegations that Novartis gave kickbacks to specialty pharmacies in return for recommending two of its drugs, Ex jade and Myfortic. Novartis was liable for $903,843.17. $903,843.17
2016 After Relator No United States v. Wyeth, Inc. Maryland joined with the federal government and other states to settle allegations that Wyeth knowingly reported false and fraudulent prices on two of its proton pump inhibitor (PPI) drugs, Protonix Oral and Protonix IV. Wyeth was liable for $6,030,826.60 under the agreement. $6,030,826.60
2016 After Relator No United States v. Accredo Health Group, Inc. Accredo Health Group, Inc. entered into agreements with the State, the federal government, and other states to settle allegations that Accredo, a specialty phannacy, engaged in a kickback scheme with Novartis Pharmaceuticals Corp. The State alleged that Accredo accepted improper payments in exchange for persuading doctors and patients to use products made by Novartis. Accredo was liable for $90,247.08 under the Maryland agreement. $90,247.08
2016 After Relator No United States v. AstraZeneca Pharmaceuticals, LP Maryland joined with other states and the federal government to settle allegations that AstraZeneca Pharmaceuticals, LP overcharged the state Medicaid programs for drugs by using improper accounting methods to treat fees paid by Defendants to wholesalers as “discounts,” thereby falsely decreasing the rebates paid to the states. Under the settlement, AstraZeneca was liable for $979,513.44. $979,513.44
2016 After Relator No United States v. Cephalon, Inc. Maryland joined with other states and the federal government to settle allegations that Cephalon, Inc. overcharged the state Medicaid programs for drugs by using improper accounting methods to treat fees paid by Defendants to wholesalers as “discounts,” thereby falsely decreasing the rebates paid to the states. Under the settlement, Cephalon was liable for $135,789.62. $135,789.62
2016 After Relator No United States v. Genentech, Inc. and OSI Pharmaceuticals, LLC Maryland joined with the federal government and other states to settle allegations that Genentech, Inc. made misleading statements about the effectiveness of the drug Tarceva to treat non-small cell lung cancer. Genentech was liable for $63,730.27. $63,730.27
2016 After Relator No United States v. Millennium Health, LLC Maryland joined the federal government and other states to settle allegations that Millennium submitted billings to Medicaid and other federal health care programs for medically unnecessary urine drugs and genetic testing and for providing free items for physicians who agreed to refer expensive laboratory testing business to Millennium. Millennium was liable for $53,309.89 under the agreement. $53,309.89
2016 After Relator No United States v. Nuvasive, Inc. Maryland joined the federal government and other states to settle allegations that Nuvasive, Inc. caused health care providers to submit false claims for spine surgeries. Nuvasive marketed the company’s CoRoent System for surgical uses that were not approved by the FDA. Nuvasive also caused false claims by paying kickbacks to induce physicians to use the CoRoent System. Nuvasive was liable for $29,349.76 under the agreement. $29,349.70
2016 After Relator No United States v. Olvmpus Corp. of the Americas Maryland joined the federal government and other states to settle allegations that Olympus, and some of its subsidiaries, used improper financial incentives to induce doctors and hospital executives to buy endoscopes and various other surgical equipment (mainly used during hospital procedures). Olympus unlawfully increased sales and gained market share. Olympus was liable for $1,124,606.30 under the agreement. $1,124,606.30
2016 After Relator No United States v. PharMerica Corp. Maryland joined with the federal government and other states to settle allegation that Amgen paid kickbacks to long-term care phannacy provider PharMerica in return for implementing “therapeutic exchange” programs designed to switch Medicaid beneficiaries to the drug Aransep. PharMerica was liable for $107,337.73. $107,337.73
2016 After Relator No United States v. Oualitest Pharmaceuticals Maryland joined with the federal government and other states to settle allegations that Qualitest Pharmaceuticals, Inc. unlawfully labeled and marketed its fluoride vitamin tablets as containing the American Dental Association-recommended amount of fluoride, when in fact the tablets contained less than half that amount. Qualitest Pharmaceuticals paid $171,116.77 under the agreement. $171,116.77
2016 After Relator No United States v. Respironics, Inc. Maryland joined the federal government and other states to settle allegations that Respironics caused durable medical equipment (DME) suppliers to submit false claims to Medicaid programs for continuous positive airway pressure (CPAP) masks and related supplies. The claims were tainted by unlawful remuneration arrangements between Respironics and the DME suppliers in violation of the Anti-Kickback statute. Respironics was liable for $39,707.85 under the agreement. $39,707.85
2016 After Relator No United States v. Warner Chilcott U.S. Sales, LLC Maryland joined with the federal government and other states to settle civil and criminal allegations of kickbacks and falsified paperwork by the pharmaceutical manufacturer Warner Chilcott. The allegations relate to the drugs Actonel, Asacol and Asacol HD, Atelvia, Doryx, Enablex, Estrace and Loesttin 24 FE and Lo Loestrin. Warner Chilcott paid $166,769.62 under the agreement. In addition, Warner Chilcott pleaded guilty to one federal felony count of health care fraud, and was permanently excluded from Medicaid, Medicare, and other federal health care programs. $166,769.62
2016 After Relator No United States v. PharMerica Corp. Maryland joined with the federal government and other states to settle allegations that PharMerica engaged in soliciting and receiving illegal kickbacks from drug manufacturer Abbott Laboratories in the form of rebate agreements to induce PharMerica to promote and/or purchase Abbott’s prescription drug Depakote. PharMerica was liable for $61,990.38 under the agreement. $61,990.38
2016 Before State NA Renee Harding Carr, LCPC, d/b/a Harding Consulting The State resolved allegations that Renee Harding Carr billed the Medicaid program for mental health services that were not delivered in compliance with applicable regulations and were delivered by providers that were not approved by the Medicaid program. Ms. Carr was liable for $5,354.74 under the agreement. $ 5,354.74
2017 After State NA State of Maryland v. Sabitha Mohiuddin, M.D. In 2016, Maryland filed suit against Sabitha Mohiuddin. M.D. in the Circuit Court for Frederick County alleging violations of the False Health Claims Act. The State resolved allegations that Dr. Mohiuddin, a primary care physician, submitted claims to the Medicaid Program for more complex services than were rendered. Dr. Mohiuddin was liable for $450,000.00 under the settlement agreement. $450,000.00
2017 After State NA United States v. Omnicare, Inc. The State intervened in a qui tam action against Omnicare and joined the federal government and other named states and entered into a settlement agreement with Omnicare to settle allegations that Omnicare paid improper remuneration to pharmacies in exchange for recommending the medication Depakote. Omnicare was liable for $249.950.38 under the settlement agreement. Omnicare paid the settlement amount in FY 2017. $249,950.38
2017 After Relator No United States v. Biocompatibles, Inc. Maryland joined the federal government and other states to settle allegations that Biocompatibles, Inc. marketed its LC Bead cancer treatment device for potentially dangerous off­-label uses not approved by the federal government. Under the settlement Biocompatibles, Inc. was liable for $61.358.02. $61,358.02
2017 After Relator No United States v. CareCore National, LLC Maryland joined the federal government and other states to settle allegations that CareCore National, LLC engaged in a scheme to automatically approve high volumes of radiology pre­authorization requests without evaluating the requests for medical necessity. Under the settlement CareCore National, LLC was liable for $956,374.17. $956,374.17
2017 After Relator No United States v. Forest Pharmaceuticals, Inc. and Forest laboratories, LLC Maryland joined the federal government and other states to settle allegations that Forest Pharmaceuticals, Inc. and Forest Laboratories, LLC engaged in a kick-back scheme to physicians who purportedly gave presentations on behalf of Forest. Forest was liable for $13.194.66 under the settlement agreement. $13,194.66
2017 After Relator No United States v. Omnicare, Inc. Maryland joined the federal government and other states to settle allegations that Omnicare engaged in a kick-back scheme by which Omnicare reimbursed skilled nursing facilities (SNFs) for unused prescription medications to entice SNFs to select and use Omnicare as the sole provider of their prescription medications for all SNF patients. Omnicare was liable for $78,700.85 under the settlement agreement. $78,700.85
2017 After Relator No United States v. Omnicare, Inc. Maryland joined the federal government and other states to settle allegations that Omnicare knowingly implemented an automated prescription label verification system that allowed certain generic prescriptions (1) to be filled and dispensed with drugs with a different National Drug Code (NOC) than that identified by the pharmacist and billed to the government; and (2) to be dispensed with patient-specific labels containing incorrect NDCs and manufacturer information. Omnicare was liable for $49,849.11 under the settlement agreement. $49,849.11
2017 After Relator No United States v. Omnicare, Inc. Maryland joined the federal government and other states to settle allegations that Omnicare manually altered the National Drug Code field on claims re-submitted to Medicare, Medicaid, and TRICARE to overcome claim rejections, notwithstanding that the alterations rendered the claims inconsistent with the prescriptions. Omnicare was liable for $153,428.59 under the settlement agreement. $153,428.59
2017 After Relator No United States v. Salix Pharmaceuticals, Inc. Maryland joined the federal government and other states to settle allegations that Salix Pharmaceuticals, Inc. provided kickbacks, in the form of honoraria and meals among other things, to healthcare professionals as an inducement to recommend, promote and prescribe the drugs Xifaxan, Apriso, Relistor, MoviPrep, OsmoPrep, Solesta, and Deflux. Salix Pharmaceuticals, LLC agreed to pay $62.143.29 under the settlement agreement. $62,143.29
2017 After Relator No United States v. Shire Pharmaceuticals, LLC Maryland joined the federal government and other states to settle allegations that Shire Pharmaceuticals, LLC and certain of its subsidiaries employed kickbacks to improperly promote Dermagraft, a bioengineered human skin substitute approved by the Federal Drug Administration, for the treatment of diabetic foot ulcers. unlawfully marketed Dermagraft for uses not approved by the FDA made false statements about Dermagraft, and encouraged improper coding, verification and/or certification of Dermagraft claims and related services. Shire Pharmaceuticals, LLC was liable for $284,500.11 under the settlement agreement. $284,500.11
2017 After Relator No United States v. Walgreen Co. Maryland joined the federal government and other states to settle allegations that Walgreen Co. unlawfully solicited and allowed Medicare and Medicaid beneficiaries to enroll in its Prescription Savings Club program to induce such individuals to self-refer prescriptions to Walgreen pharmacies in violation of federal and state Anti-Kickback Statutes. Walgreen Co. paid $11,630.15 under the settlement agreement. $11,630.10
2017 After Relator No United States v. Mallinckrodt Pharmaceuticals Maryland joined with the federal government and other states to settle allegations that Mallinckrodt Pharmaceuticals and others induced retail pharmacies to purchase certain generic Mallinckrodt drugs by publishing drug prices in compendia that were falsely inflated above the price retail pharmacies actually paid for the drugs to increase the Medicaid reimbursement for the drugs. Mallinckrodt Pharmaceuticals paid $15,428.18 as a result of the agreement. $15,428.18
2017 Before State NA Caraway Manor Assisted Living, Inc. The State resolved allegations that Caraway Manor Assisted Living, Inc. did not have overnight staffing adequate to meet the needs of its residents. Under the agreement, Caraway Manor Assisted Living, Inc. agreed to increase its overnight staffing, retain an independent party to monitor its compliance for one year, and pay $1,500.00 to the State. $ 1,500.00
2017 Before State NA Center for Social Change The State resolved allegations that Center for Social Change billed the Medicaid program for staffing that it did not provide to group homes for individuals with developmental disabilities. Center for Social Change was liable for $331.000.00 under the settlement agreement. $331,000.00
2017 Before State NA Chesapeake Pediatric & Adolescent Associates, P.A. The State resolved allegations that Chesapeake Pediatric & Adolescent Associates, P.A. falsely billed the Medicaid program for laboratory services for which it did not have the certificates required by the Clinical Laboratory Improvements Amendment. Chesapeake Pediatric & Adolescent Associates, P.A. was liable for $38,000.00 under the settlement agreement. $38,000.00
2017 Before State NA Kristen Dreaper, LCPC and The Dhvana Project, LLC The State resolved allegations that The Ohyana Project, LLC, a provider of mental health therapy services. and Kristin Dreaper, LCPC its owner submitted or caused to be submitted claims for payment, and received reimbursement from the Medicaid program, for mental health therapy by two employees who were not in compliance with applicable regulations. The Dhyana Project, LLC and Ms. Dreaper are liable for $20,000.00 under the settlement agreement. $20,000.00
2017 Before State NA Ronnie Graham The State resolved allegations that Ronnie Graham, a licensed clinical social worker. improperly submitted or caused to be submitted, duplicate claims for payment to Medicaid for family mental health services. Mr. Graham paid $21,810.00 under the settlement agreement and also entered a two-year Personal Integrity Agreement to promote compliance with the statutes, regulations, and written directives of the Maryland Medical Assistance Program. $21,810.00
2017 Before State NA Complete Family Care, P.C., Suresh Khetan, M.D., and Renu Khetan The State resolved allegations that Complete Family Care, P.C., Suresh Khetan, M.D., and Renu Khetan billed the Medicaid program for blood draw and eye examination procedures that were not performed. Dr. Khetan was liable for $250,000.00 under the settlement agreement. $250,000.00
2017 Before State NA Mohammed Tariq, M.D. The State resolved allegations that Mohammed Tariq, M.D. submitted claims to Medicaid for services rendered under the Vaccine For Children Program even though he was administering vaccines he received at no cost from the Vaccines For Children program to private pay patients in violation of the tem1s of his participation agreement. Dr. Tariq paid $49,000.00 under the settlement agreement. $49,000.00
2017 Before State NA Unified Community Connections The State resolved allegations that Unified Community Connections billed the Medicaid program for home care to a severely disabled woman that was never performed. Unified Community Connections was liable for $7,354.58 under the settlement agreement. $ 7,354.58
2017 Before State NA Wells House, Inc. The State resolved allegations that Wells House, Inc. billed Medicaid while employing a person who was on the HHS/OIG exclusion list for nearly five years and intentionally deceived the State about it. Wells House, Inc. was liable for $375,000.00 under the settlement agreement. $375,000.00
2018 After State NA State of Maryland v. A1 Reliable Medical Equipment & Supply and Bernadette Nwanguma In 2013, the State entered into a settlement agreement with A1 Reliable Medical & Healthcare Services, Inc. f/k/a Reliable Medical & Healthcare Services, Inc. (”Reliable”) resolving allegations that Reliable submitted claims to the Medicaid program for services not provided in accordance with applicable rules and regulations. Reliable and Bernadette Nwanguma, its owner, agreed to pay $500,000.00. They later breached that agreement by failing to remit payment. The State filed suit in the Circuit Court for Baltimore County against A1 Reliable Medical Equipment & Supply and Bernadette Nwamguma alleging they breached a settlement agreement that had resolved allegations of False Health Claims Act violations. The State obtained a default judgment against Defendants, jointly and severally, for $491,922.02. $491,922.02.
2018 After State NA State of Maryland v. Optima Health Care, Inc., and Elizabeth Imhoff The State filed suit in the Circuit Court for Baltimore County against Optima Health Care, Inc. and Elizabeth Imhoff alleging that Defendants committed Medicaid fraud by submitting or causing to be submitted claims for services not provided to Imhoff s adult disabled son. Under separate settlement agreements, Optima agreed to pay $22,000.00 to the State. $22,000.00
2018 After State NA State of Maryland v. Community Hope Alliance LLC, Gia Paige, and Michael Paige In 2016, the State filed suit against Community Hope Alliance, LLC and its owners, Gia and Michael Paige, in the Circuit Court for Baltimore City alleging that Community Hope Alliance submitted claims for reimbursement from the Medicaid program for non-rendered mental health therapy services. Community Hope Alliance LLC, Gia Paige and Michael Paige are jointly and severally liable for $82,500.00 under the settlement agreement. $82,500.00
2018 After State NA State of Maryland v. Kris-Leigh Assisted Living, Inc., Richard Ainsworth, and Helen Ainsworth In 2017, the State filed suit in the Circuit Court for Baltimore County against Kris-Leigh Assisted Living, Inc., an assisted living facility, and its owners, Richard and Helen Ainsworth, alleging violations of the False Health Claims Act. The State resolved allegations that Defendants submitted claims to the Medicaid Program for fundamentally worthless services to residents and falsely certified by implication that they complied with all applicable laws and regulations. Under the settlement agreement, Defendants paid $110,000.00 and agreed to cease admitting Medicaid recipients at the Sevema Park facility. $110,000.00
2018 After State NA State of Maryland v. Young Adult Institute, Inc. and Franklin Aianaku In 2017, the State filed suit in the Circuit Court for Baltimore County against Young Adult Institute, an outpatient mental health center, and Franklin Ajanaku, its owner. The State obtained default judgment against Young Adult Institute for billing the Medicaid program for mental health services that were not properly supervised by a medical director. Under the default judgment, Young Adult Institute was liable for $606,190.15. $606,190.15.
2018 After Relator No United States v. Allergan, Inc. Maryland joined the federal government and other states to settle allegations that Allergan, Inc. paid kickbacks to induce healthcare providers to prescribe its drugs. Allergan, Inc. was liable for $8,867.60 under the settlement agreement. $ 8,867.60
2018 After Relator No United States v. DaVita Rx, LLC Maryland joined the federal government and other states to settle allegations that DaVita Rx, LLC charged or failed to refund states for shipped but not delivered medications; violated state refill regulations; and gave illegal remuneration to beneficiaries. DaVita Rx, LLC was liable for $225,510.00 under the settlement agreement. $225,510.00
2018 After Relator No United States v. Benevis, LLC f/k/a NCDR. Inc ., and its affiliated Kool Smiles dental clinics Maryland joined the federal government and other states to settle allegations that Benevis, LLC f/k/a NCDR, Inc., and its affiliated Kool Smiles dental clinics unlawfully provided services that were not medically necessary or had less costly treatment options available. Under the settlement agreement Kool Smiles was liable for $1,021,944.05. $1,021,944.05
2018 After Relator No United States v. Mylan, Inc. Maryland joined the federal government and other states to settle allegations that Mylan, Inc. and its wholly owned subsidiary Mylan Specialty, LP unlawfully underpaid rebates owed to the Medicaid program for the EpiPen® and EpiPen, Jr.® dispensed to Medicaid recipients. Mylan paid $9,979,638.42 under the settlement agreement. $9,979,638.42
2018 After Relator No United States v. Natera, Inc. Maryland joined the federal government and other states to settle allegations that Natera, Inc. submitted false or otherwise fraudulent claims to government health care programs by using incorrect Current Procedure Terminology codes to bill for non-reimbursable tests or causing a test to be reimbursed at an impermissibly high rate. Under the settlement Natera, Inc. was liable for $87,260.94. $87,260.94
2018 After Relator No United States v. Novo Nordisk, Inc. Maryland joined the federal government and other states to settle allegations that Novo Nordisk, Inc. engaged in off-label marketing of the drug Victoza. Novo Nordisk, Inc. was liable for $129,710.54 under the settlement agreement. $129,710.54
2018 After Relator No United States v. Rotech Healthcare, Inc. Maryland joined the federal government and other states to settle allegations that Rotech Healthcare, Inc. has engaged in a pervasive scheme to bill government health care programs for respiratory therapy services that were not medically necessary, were not provided, and/or otherwise violated government billing rules. Rotech Healthcare, Inc. paid $3,890.46 under the settlement agreement. $ 3,890.46
2018 After Relator No United States v. U.S. Bioservices Corp. Maryland joined the federal government and other states to settle allegations that U.S. Bioservices Corp. knowingly recommended the drug Exjack to Medicaid recipients in exchange for kickbacks from Novartis Pharmaceuticals paid kickbacks to pharmacies. U.S. Bioservices Corp. agreed to pay $9,780.30 under the settlement agreement. $ 9,780.30
2018 After Relator No United States v. Celgene Corp. Maryland joined the federal government and other states to settle allegations that Celgene Corp. engaged in an off-label marketing scheme and paid kickbacks to health care providers to induce them to prescribe Thabmid and Revlimid. Celgene Corp. paid $751,418.67 under the settlement agreement. $751,418.67
2018 After Relator No United States v. Kmart Corp. Maryland joined the federal government and other states to settle allegations that Kmart Corp. submitted false prescription reimbursement claims to the Medicaid program for discounted generic drug prices available to enrolled members of Kmart’s Retail Maintenance Program and other discount generic drug programs. Kmart Corp. paid $303,907.36 under the settlement agreement. $303,907.36
2018 Before State NA Anthony Anyadike, DDS The State resolved allegations that Anthony Anyadike, DDS billed the Medicaid program for dental home visits that he did not perform. Under the agreement, Anthony Anyadike, DDS was liable for $31,170.00 to the State. $31,170.00
2018 Before State NA Hanger, Inc. The State, along with the federal government, resolved allegations that Hanger, Inc. submitted or caused to be submitted claims for medically unnecessary and/or inappropriately billed services. Hanger, Inc. was liable for $150,078.59 under the settlement agreement. $150,078.59
2018 Before State NA Horizon Surgical Group The State, with the federal government, resolved allegations that Horizon Surgical Group billed the Medicaid program for vascular diagnostic procedures it did not perform. Horizon Surgical Group was liable for $26,113.50 under the settlement. $26,113.50
2018 Before State NA Jui Chih Hsu The State, along with the federal government, resolved allegations that Jui Chih Hsu submitted or caused to be submitted claims for medically unnecessary and/or inappropriately billed services. Jui Chih Hsu was liable for $298,000.00 under the settlement agreement. $298,000.00
2018 Before State NA Living Sans Frontiers, Inc. The State resolved allegations that Living Sans Frontiers, Inc. billed the Medicaid program for services provided to a recipient over a six-year period that were not actually delivered and/or not delivered in compliance with applicable regulations. Living Sans Frontiers, Inc. was liable for $500,000.00 under the settlement agreement. $500,000.00
2018 Before State NA Maryland Specialty, Kwasi Debra, M.D., and Lisa Alford, M.D. The State resolved allegations that Maryland Specialty, Kwasi Debra, M.D., and Lisa Alford, M.D. billed the Medicaid program for vascular diagnostic procedures it did not perform. Maryland Specialty, Kwasi Debra, M.D., and Lisa Alford, M.D. paid $1,958.00 under the settlement agreement. $ 1,958.00
2018 Before State NA Medi-Rents & Sales, Inc. The State resolved allegations that Medi-Rents & Sales, Inc. improperly billed the Medicaid program for certain medical equipment resulting in an overpayment from the Medicaid program. Medi-Rents & Sales, Inc. was liable for $450,000.00 under the settlement agreement. $450,000.00
2018 Before State NA Riverside Medical Associates and Madu K. Mohan, M.D. The State resolved allegations that Riverside Medical Associates and Madu K. Mohan, M.D. billed the Medicaid program for vascular diagnostic procedures it did not perform·. Riverside Medical Associates and Madu K. Mohan, M.D. paid $3,152.00 under the settlement agreement. $ 3,152.00
2018 Before State NA Spectrum Support, Inc. The State, working with the federal government, resolved allegations that Spectrum Support, Inc. submitted claims for payment to Medicaid for day habilitation that were not actually delivered and/or not delivered in compliance with applicable regulations. Spectrum Support, Inc. was liable for $120,000.00 under the settlement agreement. $120,000.00
2018 Before State NA St. Agnes Healthcare, Inc. The State, along with the federal government, resolved allegations that St. Agnes Healthcare, Inc. billed the Medicaid program for vascular diagnostic procedures it did not perform. St. Agnes Healthcare, Inc. paid $19,868.10 under the settlement agreement. $19,868.10
2018 Before State NA Sureshkumar Muttah, M.D. The State resolved allegations that Sureshkumar Muttah submitted or caused to be submitted claims for medically unnecessary and/or inappropriately billed services. Sureshkumar Muttah was liable for $136,502.00 under the settlement agreement. $136,502.00
2019 After State NA State of Maryland v. Neiswanger Management Services, LLC, et al. Under a settlement agreement, NMS was liable to pay up to $2.2 million, permanently prohibited from management or operation of nursing facilities in Maryland, and barred from participation in the Maryland Medicaid program. The agreement resolves allegations that Defendants submitted false claims to the Medicaid program when systematically discharging vulnerable patients after each patient’s Medicare coverage ended, often discharging the patients into unsafe situations and without consent in violation of state regulations governing discharge. $2,200,000.00
2019 After State NA State of Maryland v. Elizabeth Imhoff Under a settlement agreement, Elizabeth Imhoff was liable to pay the State $7,500.00 to resolve allegations that she submitted or causing to be submitted claims for services not provided to her adult disabled son. $ 7,500.00
2019 After Relator No United States v. Abbott Laboratories Maryland joined the federal government and other states to settle allegations that Abbott Laboratories improperly marketed one of its pharmaceutical drug products, TriCor, for non-FDA approved uses. Abbott was liable for $18,437.21 under the settlement agreement. $18,437.21
2019 After Relator No United States v. A Cell, Inc. Maryland joined the federal government and other states to settle allegations that ACell, Inc. improperly marketed one of its medical devices, MicroMatrix, for non-FDA approved uses, caused hospitals to submit false claims for MicroMatix use, and paid kickbacks to doctors to induce MicroMatrix use. ACell was liable for $43,560.00 under the settlement agreement. $43,560.00
2019 After Relator No United States v. Alere San Diego, Inc. Maryland joined the federal government and other states to settle allegations that Alere San Diego, Inc. sold medical testing products with substandard labelling that caused the tests to be less accurate. Alere San Diego, Inc. was liable for $131,930.97 under the settlement agreement. $131,930.97
2019 After Relator No United States v. Allergan, Inc. Maryland joined the federal government and other states to settle allegations that Allergan sold defective Lap-Bands and marketed them for non-FDA approved uses. Allergan was liable for $4,679.59 under the settlement agreement. $ 4,679.50
2019 After Relator No United States v. AmerisourceBergen Corp., et al. Maryland joined the federal government and other states lo settle allegations that AmerisourceBergen sold repackaged, non-sterile oncology drugs in violation of numerous federal drug safety and marketing regulations. AmerisourceBergen was liable for $1,821,624.42 under the settlement agreement. $1,821,624.42
2019 After Relator No United States v. AngioDynamics, Inc. Maryland joined the federal government and other states to settle allegations that AngioDynamics, Inc. improperly marketed one of its cancer treatment devices, the LC Bead, for non-FDA approved uses. AngioDynamics was liable for $28,224.70 under the settlement agreement. $28,224.70
2019 After Relator No United States v. Healogics, Inc. Maryland joined the federal government and other states to settle allegations that Healogics upcoded certain of its Evaluation and Management codes in connection with claims filed by wound care centers owned and operated by Healogics and affiliated physician practice entities. Healogics was liable for $586.35 under the settlement agreement. $ 586.35
2019 After Relator No United States v. Maryland Treatment Centers, Inc. Maryland joined the federal government to settle allegations that Maryland Treatment Centers, Inc. billed the Medicaid program for substance abuse or mental health services not delivered in compliance with applicable regulations. Maryland Treatment Centers was liable for $500,000.00 under the settlement agreement. $500,000.00
2019 After Relator No United States v. Walgreens Boots Alliance, Inc. Maryland joined the federal government and other states to settle allegations that Walgreens Boots Alliance, Inc. improperly marketed insulin pens such that providers ordered excess and medically unnecessary quantities of the pens. Walgreens was liable for $266,951.13 under the settlement agreement. $266,951.13
2019 After Relator No United States v. Walgreens Co. Maryland joined the federal government and other states to settle allegations that Walgreens Co. reported false drug pricing information to government health plans, causing the Medicaid program to pay inflated prices. Walgreens was liable for $131,675.76 under the settlement agreement. $131,675.76
2019 Before State NA Adonai Healthcare Services, Inc. Under a settlement agreement, Adonai Healthcare Services, Inc. agreed to pay the State $34,000.00 to resolve allegations that it billed the Medicaid program for home health services not actually delivered and/or not delivered in compliance with applicable regulations. $34,000.00
2019 Before State NA Zahid Aslam, M.D., Fast Care Medical Aid Unit, LLC d/b/a Got A Doc Walk-In Medical Center, and Amna Medical Center, LLC d/b/a Alpha Medical Center Under a settlement agreement, Dr. Zahid Aslam agreed to pay the State $1,269,000.00 to resolve allegations that he submitted or caused the submission of claims for medical or counseling services not medically necessary, not qualified for payment, and not provided. Additionally, Dr. Aslam cannot renew his lapsed medical license under the settlement agreement. $1,269,000.00
2019 Before State NA M Wagdi Attia, M.D. Under a settlement agreement, Dr. M. Wagdi Attia agreed to pay the State $82,000.00 to resolve allegations that he submitted or caused the submission of claims for psychotherapy services not rendered or that did not comply with applicable regulations. Additionally, Dr. Attia cannot renew his lapsed medical license under the settlement agreement. $82,000.00
2019 Before State NA Automatic Nursing Care Services, Inc. Under a settlement agreement, Automatic Nursing, Inc. agreed to pay the State $250,000.00 to resolve allegations that it billed the Medicaid program for private duty nursing care services not actually delivered and/or not delivered in compliance with applicable regulations. $250,000.00
2019 Before State NA Cardiac Associates, P.C. Under a settlement agreement, Cardiac Associates, P.C. agreed to pay the State $30,143.20 to resolve allegations that it billed the Medicaid program for vascular diagnostic procedures it did not perform. $30,143.20
2019 Before State NA Cumberland Covenant House, LLC Under a settlement agreement, Cumberland Covenant House agreed to pay the State $14,000.00 to resolve allegations that it billed the Medicaid program for services not actually delivered or not delivered in compliance with applicable regulations. $14,000.00
2019 Before State NA Marla Markman, M.D. Under a settlement agreement, Dr. Marta Markman agreed to pay the State $34,000.00 to resolve allegations that she billed the Medicaid program for pediatric services not delivered in compliance with applicable regulations. $34,000.00
2019 Before State NA Maximum Day Services, LLC Under a settlement agreement, Maximum Day Services, LLC agreed to pay the State $750,000.00 to resolve allegations that it billed the Medicaid program for services not delivered in compliance with applicable regulations. $750,000.00
2019 Before State NA Olubayo Adedayo Ogunkoya Under a settlement agreement, Olubayo Adedayo Ogunkoya was liable to pay the State $26,081.76 to resolve allegations that he billed the Medicaid program for services to individuals with developmental disabilities not delivered in compliance with applicable regulations. $26,081.76
2019 Before State NA Phoenix Therapeutic Foundation, Inc. Under a settlement agreement, Phoenix Therapeutic Foundation, Inc. agreed to pay the State $6,726.93 to resolve allegations that it submitted or caused the submission of claims for behavioral health services not rendered. $ 6,726.93
2019 Before State NA Bruce Reid, M.D. Under a settlement agreement, Dr. Bruce Reid agreed to pay the State $10,000.00 to resolve allegations that he submitted or caused the submission of claims for mental health services not actually delivered and/or not delivered in compliance with applicable regulations. $10,000.00
2019 Before State NA Step By Step of Maryland, LLC Under a settlement agreement, Step By Step agreed to pay the State $47,000.00 to resolve allegations that it submitted or caused the submission of claims for substance abuse treatments rendered by improperly credentialed or inadequately supervised employees. $47,000.00
2019 Before State NA Therapy Center, Inc. and Shoshana Sadigh Under a settlement agreement, Therapy Center, Inc. agreed to pay the State to resolve allegations that it submitted or caused the submission of claims for occupational and speech therapy services not delivered and/or not delivered in compliance with applicable regulations. $350,000.00
2020 After State NA State of Maryland v. American Medical Associates Pursuant to a settlement agreement, American Medical Associates agreed to pay the State $75,000.00 to resolve allegations that it billed Medicaid for certain abortion-related services that it failed to provide. $75,000.00
2020 After Relator No United States v. Avalign Technologies Maryland joined the federal government and other states to settle allegations that Avalign Technologies sold medical devices to hospitals and health care providers that were not approved or cleared by the FDA. Avalign was liable for $76,554.37 under the settlement agreement. $76,554.37
2020 After Relator No United States v. Avanir Pharmaceuticals Maryland joined the federal government and other states to settle allegations that Avanir Pharmaceuticals paid kickbacks to doctors and marketed its drugs for non-approved uses. Avanir was liable for $58,387.79 under the settlement agreement. $58,387.79
2020 After Relator No United States v. Baltimore Washington Counseling Center Maryland joined the federal government to settle allegations that Baltimore Washington Counseling Center used unsupervised and improperly-credentialled employees to provide mental health services. Baltimore Washington Counseling Center was liable for $128,335.00 under the settlement agreement. $128,335.00
2020 After Relator No United States v. Miraca Life Sciences, Inc. Maryland joined the federal government and other states to settle allegations that Miraca Life Sciences provided free or discounted technology-related consulting services to physicians and other health care providers that did not comply with the requirements of the Anti-Kickback Statute and the Stark law. Miraca Life Services was liable to Maryland Medicaid for $82.64 under the settlement agreement. $82.64
2020 After Relator No United States v. Resmed, Inc. Maryland joined the federal government and other states to settle allegations that durable medical equipment (DME) manufacturer, Resmed, Inc., provided improper financial remuneration (in the form of patient contact services) to DME suppliers and sleep laboratories to induce the use of their products. Resmed, Inc. was liable to Maryland Medicaid for $25,206.32 under the settlement agreement. $25,206.32
2020 After Relator No United States v. Reckitt Benckiser Maryland joined the federal government and other states to settle allegations that pharmaceutical distributor Reckitt Benckiser improperly marketed and otherwise promoted the drug Suboxone. Reckitt Benckiser was liable to Maryland Medicaid for $28,230,748.02 under the settlement agreement. $ 28,230,748.02
2020 Before State NA Chideha Ohuoha, M.D. Under a settlement agreement, Chideha Ohuoha, M.D. agreed to pay the State $39,295.00 to resolve allegations that he billed Medicaid for mental health services he failed to provide. $39,295.00
2020 Before State NA Dynasplint Systems, Inc. Under a settlement agreement, Dynasplint Systems, Inc. agreed to pay the State $50,000.00 to resolve allegations that it improperly billed Medicaid for medical splints used in nursing facilities. $50,000.00
2020 Before State NA Destilee Health Care Under a settlement agreement, Destilee Health Care agreed to pay the State $273,000.00 to resolve allegations that it billed Medicaid for behavioral health services it failed to provide. $273,000.00
2020 Before State NA MedClub Daycare Under a settlement agreement, MedClub Daycare agreed to pay the State $140,000.00 to resolve allegations that it billed Medicaid for adult day care services it failed to provide. $140,000.00
2020 Before State NA Nwaehihie Onyeaghala Under a settlement agreement, Nwaehihie Onyeaghala agreed to pay the State $130,800.00 to resolve allegations that he billed Medicaid for medically unnecessary tests. $130,800.00
2020 Before State NA Serenity Treatment Centers Under a settlement agreement, Serenity Treatment Centers agreed to pay the State $150,000.00 to resolve allegations that it billed Medicaid for undocumented services, overstated services, and services provided by unqualified individuals. $150,000.00
2020 Before State NA Patrick Callahan, M.D. Under a settlement agreement, Dr. Patrick Callahan agreed to pay the State $150,000.00 to resolve allegations that he billed Medicaid for medically unnecessary vestibular and balance testing. $150,000.00
2020 Before State NA Practice Fusion, Inc. Maryland joined the federal government and other states to settle allegations that electronic health records company, Practice Fusion, Inc. accepted payments from certain drug manufacturers in exchange for promoting some of those manufacturers’ drugs to users of its software. Practice Fusion, Inc. was liable to Maryland Medicaid for $276,047.85 under the settlement agreement. $276,047.85
2020 Before State NA Tech Pharmacy Services, Inc. Under a settlement agreement, Tech Pharmacy Services, LLC, Partners Pharmacy Services, LLC and Partners Pharmacy of Maryland, LLC agreed to pay the State $50,000.00 to resolve allegations that Tech Pharmacy Services, Inc. submitted, or caused to be submitted, fraudulent, incomplete or non-compliant prior authorization forms to receive payment for prescriptions. $50,000.00
2021 After Relator No United States of America et al., ex rel. Martinez, et al. v. Apria Healthcare Group, Inc., et al. Maryland joined the federal government and other states to settle allegations that Apria Health Care Group, Inc., engaged in a scheme to bill government health programs for use of its ventilators, which were medically unnecessary. Apria was liable for $208, 187.49 to the State under the settlement agreement. $208,187.49
2021 After Relator No United States of America, et al., ex rel. LaBenne v. Giant Food Stores, LLC, et al. Maryland joined the federal government and other states to settle allegations that Defendants offered coupons for free groceries to Medicare and Medicaid beneficiaries to influence their decision to transfer or fill their prescriptions at Defendants’ pharmacies in violation of the federal Anti-Kickback Statute. Defendants are liable for $23,350.40 to the State under the settlement agreement. $23,350.40
2021 After Relator No United States of America, et al., ex rel. John Doe Corp. v. lndivior PLC, et al. Maryland joined the federal government and other states to settle allegations that Defendants, from 2010 through 2015, directly or through subsidiaries: (a) promoted the sale and use of Suboxone to physicians who were writing prescriptions that were issued with no counseling or psychosocial support, were for uses that were unsafe, ineffective, and medically unnecessary and that were often diverted; (b) knowingly promoted the sale or use of Suboxone Sub lingual Film based on false and misleading claims that Suboxone Sublingual Film was less subject to diversion and abuse than other buprenorphine products and that Suboxone Sublingual Film was less susceptible to accidental pediatric exposure than Suboxone Sub lingual Tablets; and ( c) submitted a petition to the FDA that fraudulently claimed that Suboxone Tablet had been discontinued “due to safety concerns” about the tablet formulation of the drug and took other steps to fraudulently delay the entry of generic competition for various forms of Suboxone to improperly control pricing of Suboxone, including pricing to the states’ Medicaid programs. Defendants are liable for $12,329,060.97 to the State under the settlement agreement. $ 12,329,060.97
2021 After Relator No United States of America, et al., ex rel.Bilotta v. Novartis Pharmaceuticals Corp. Maryland joined the federal government and other states to settle allegations that Defendant paid kickbacks to health care practitioners in the form of cash, meals, entertainment, and honoraria payments to induce them to prescribe various medications that treat hypertension or Type 2 Diabetes. Defendant was liable for $4,477,952.50 to the State under the settlement agreement. $4,477,952.50
2021 After Relator No United States of America, et al., ex rel. Schneider v. Pacira Pharmaceuticals, Inc. Maryland joined the federal government and other states to settle allegations that Defendant improperly issued research grants to physicians to generate prescriptions of its product Exparel, a single-dose injectable local anesthetic indicated for the treatment of post-surgical pain. Defendant was liable for $139,844.89 to the State under the settlement agreement. $139,844.89
2021 After Relator No United States of America, et al., ex rel. Doe v. Progenity, Inc. Maryland joined the federal government and other states to settle allegations that Defendant: (I) submitted fraudulent claims for payment to Medicaid by miscoding claims for reimbursement for non-invasive prenatal tests; and (2) violated anti-kickback laws by giving remuneration to providers in the form of draw fees that exceeded fair market value; meals, snacks and happy hours; and by waiving patient coinsurance and deductible payments. Defendant was liable for $81,389.58 to the State under the settlement agreement. $81,389.58
2021 After Relator No United States of America, ex rel. Robert Gruber v. RA Medical Systems, Inc., et al. Maryland joined the federal government and other states to settle allegations that Defendant improperly marketed its DABRA Laser System medical device and paid illegal kickbacks to physicians to induce its use. Defendant was liable for $13,973.45 to the State under settlement agreement. $13,973.45
2021 After Relator No United States of America, et al., ex rel. Zaiac v. Shore Health System, Inc., et al. Maryland joined the federal government to settle allegations that Shore Health System, Inc. billed government health programs for inpatient services that were performed in outpatient facilities. Shore Health was liable for $15,175.00 to the State under the settlement agreement. $15,175.00
2021 After Relator No United States of America, et al., ex rel. Johnson v. Therakos, Inc., et al. Maryland joined the federal government and other states to settle allegations that Defendants marketed their medical device for uses that were not approved by the FDA. Therakos was liable for $559,743.12 to the State under the settlement agreements. $559,743.12
2021 After Relator No United States of America, et al., ex rel. Jain v. Universal Health Services, Inc. Maryland joined the federal government and other states to settle allegations that United Health Services (“UHS”) billed government health programs for inpatient psychiatric services that were not in compliance with material laws and regulations, including excessive stays and excessive sedative prescribing. UHS was liable for $298,796.47 under the settlement agreement. $298,796.47
2021 Before State NA Versatile Healthcare Services of Maryland, Inc. (d/b/a Baltimore Orthopedic & Rehabilitation, Inc.) and Adeyinka Adepoiu Under a settlement agreement, Versatile Healthcare Services of Maryland, Inc. and Adeyinka Adepoju agreed to pay the State and Federal governments $453,705.50 to resolve allegations that they billed both Medicare and Medicaid for: ( 1) physical therapy services provided by unqualified individuals in a non-office setting, (2) undocumented and excessive physical therapy services, and (3) physical therapy services not actually rendered. $453,705.50
2021 Before State NA Audacity of Hope Behavioral Health Services, LLC Under a settlement agreement, Audacity of Hope Behavioral Health Services, LLC agreed to pay the State $79,291.81 to resolve allegations that it billed Medicaid for behavioral health services it failed to provide or provided absent full compliance with material laws and regulations. $79,291.81
2021 Before State NA Dr. Kevin Geis, Ph.D. Under a settlement agreement, Dr. Kevin Geis agreed to pay the State $20,500.00 to resolve allegations that be billed Medicaid for behavioral health services he failed to provide or provided absent full compliance with material laws and regulations. $20,500.00
2021 Before State NA Royal Pharmaceuticals, LLC Under a settlement agreement, Royal Pharmaceuticals agreed to pay the State $769.65 to settle self-reported liabilities arising out of erroneous calculations of Medicaid Drug Rebate Program amounts owed to the State for a low-potency topical steroid product, “Derma­-Smoothe.” $ 769.65
2021 Before State NA Seton Pharmaceuticals, LLC Under a settlement agreement, Seton Pharmaceuticals agreed to pay the State $1,797.20 to settle self-reported liabilities arising out of erroneous calculations of Medicaid Drug Rebate Program amounts owed to the State for a low-potency topical steroid product, “fluocinolone,” the generic equivalent of “Derma-Smoothe.” $ 1,797.20

[1] See https://www.falseclaimsact.com/states-municipalities-fcas/.

[2] Md. Code Ann., Health-Gen. § 2-602(a)(1).

[3] Id. § 2-603(a).

[4] Id. § 2-604(a).

[5] Id. § 2-605(a)(1).

[6] Id. § 2-605(a)‒(b).

[7] Id. §§ 2-602(b)(1), 2-603(b).

[8] Id. § 2-611.

[9] By comparison, over ten years, the New Jersey Attorney General filed only nine of 906 cases reported under New Jersey False Claims Act. See Jeremy Abay, The New Jersey False Claims Act: A Decade Of Data Reveal $147m Recovered By The Garden State (Sept. 10, 2021), https://www.falseclaimsact.com/the-new-jersey-false-claims-act-a-decade-of-data-reveal-147m-recovered-by-the-garden-state/.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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