United States Attorney A. Lee Bentley, I II announced that Robert A. Scappo, D.O. has agreed to pay $250,000 to the government to resolve allegations that he violated the False Claims Act by causing claims to be submitted to federal health care programs for laboratory tests that were not medically necessary.
During the relevant time period, Scappe was a urologist practicing as part of Scappa Urology, which was a division of 21st Century Oncology, LLC. 21st Century is a nationwide provider of integrated cancer care services that is headquartered in Fort Myers. As part of its business, 21st Century employs and affiliates with physicians in specialty fields such as radiation oncology, medical oncology, and urology.
The settlement announced on Wednesday resolves allegations that Scappa caused claims to be submitted to medicare and Tricare for fluorescence in situ hybridization, or “FISH,” tests that were not medically associated with bladder cancer. Medicare does not consider a FISH test reasonable or necessary unless it’s used to monitor for tumor reocurrence in a patient previously diagnosed with bladder cancer or unless, after performing a full urologic workup, the physician has reason to suspect that a patient with hematuria (i.e., blood in the urine( may have bladder cancer.
In January 2009, Scappa began referring all of the FISH testing ordered by him to a laboratory owned and operated by 21st Century. He was paid bonuses by the company based, in part, on the number of FISH tests he referred to 21st Century laboratory. The settlement is based on Scappa’s ability to pay.
The allegations that doctors affiliated with 21st Century were ordering unnecessary FISH tests were originally brought in a lawsuit filed by a whistleblower under the qui am provisions of the False Claims Act, which allows private parties to bring suit on behalf of the government and to share in any recovery. The whistleblower, a former medical assistant who worked for David Spellberg, M.D. at Naples Urology Associates, which was also a division of 21st Century Oncology, will receive $37,500 as her share of this recover. This amount is in addition to a $3.2 million share she will receive as a result of the $19.75 million settlement previously reached with 21st Century Oncology.
“In fighting health care fraud, it is important that individual physicians, as well as their employers, be held accountable,” stated U.S. Attorney Bentley. “Doctors should not be able to escape personable liability for health care fraud.
“This settlement is yet another example of the continuing commitment of the Defense Criminal Investigative Service (DCIS) and its law enforcement partners to protect the integrity of the Department of Defense (DoD) health care program,” said Special Agent in Charge John F. Khin, Southeast Field Office.
“As one of our top priorities, DCIS aggressively investigates health care fraud that harms the DoD, to ensure the best use of previous taxpayer dollars needed to provide critical care for our Warfighers, their family members, and military retirees.”
“Test ordered to increase profits rather than improve the healthcare of patients are an attack on Medicare and the American taxpayers,” said Special Agent in Charge Shimon R.Richmond of the U.S. Department of Health and Human Services Office of Inspector General. “This settlement demonstrates that such practices have consequences.”
The investigation was handled by Trial Attorney Arthur Di Dio from the Civil Division’s Commercial Litigation Branch and Assistant U.S. Attorney Kyle S. Cohen from the Fort Myers Division of the U.S. Attorney’s Office for the Middle District of Florida, with assistance from DCIS, FBI, and the Department of Health and Human Services Office of Inspector General.