False Claims Act allegations against Mitias Orthopaedics, PLLC, its owner Hanna “Johnny” Mitias, M.D., and a subsidiary Champion Orthopedics (collectively “Mitias”) have been resolved for $1,870,714.83.
The settlement resolves allegations that Mitias submitted false claims to the Medicare and Medicaid programs. The U.S. prosecutors in this case had alleged that Mitias submitted claims to the programs for brand name viscosupplementation agents for knee injections. However, according to the complaint, Mitias administered a compounded viscosupplementation agent that was much less expensive and, when the company submitted for reimbursement, was paid at the rate assigned to more expensive products.
According to United States Attorney Clay Joyner, “Taxpayers deserve to receive the products and services billed to their federal health insurance programs. The viability of Medicare and Medicaid is threatened by each wasted dollar. Our people come before profits.”
Joyner also commented, “This settlement is an example of how whistleblowers and the government can work together to recoup and deter overbilling practices.”
The original complaint was filed in 2015 by a medical device sales representative under the whistleblower provisions of the False Claims Act. The provisions allow private individuals to file a lawsuit on behalf of the government for false claims. If the government intervenes in the lawsuit and the lawsuit is successfully settled or the government prevails at trial, the whistleblower is entitled to a share of the recovery.
How did the whistleblower obtain the information behind the allegations in the original complaint? By doing his job as a salesperson for one of the brand name products and meeting with Mitias.
The whistleblower claimed that he learned a lot about the Mitias practice during the meeting. The whistleblower claimed that they were told about a number of false claims made by Mitias. The allegations come from information that was purportedly provided by the clinical staff during the meeting with the whistleblower.
