Morris County Desi and owner of Mobile Diagnostic Testing of NJ LLC of Parsippany Vijay Patel has been sued by the U.S. Government for submitting false claims to Medicare for diagnostic testing services he did not render.
According to the civil complaint filed in the United States District Court for the District of New Jersey today:
Patel had an associate who was a cardiologist and also a participant in the Medicare program. From around 2009 through 2012, the cardiologist’s Medicare contractor had placed him on so-called “pre-payment review,” which was initiated to ensure that the doctor was submitting claims within established rules and regulations, and which required him to submit documentation, including medical records, to support the services being billed to Medicare. Under pre-payment review, claims for reimbursement that did not have the documentation necessary to support the services being billed are rejected by the Medicare contractor.
From August 2011 through December 2012, Patel and the cardiologist defrauded Medicare by submitting claims to Medicare for diagnostic testing services that the doctor had performed in December 2010 through September 2012, enabling him to evade Medicare’s pre-payment review. Patel submitted the cardiologist’s claims through his company and his brother’s company, Biosound Medical Services Inc. (Biosound), as if Mobile Diagnostic and Biosound had performed the services instead of the doctor. Once Patel received the Medicare reimbursement money paid to the two companies for diagnostic testing services the cardiologist had performed, Patel transferred a portion of the payment to the doctor and kept a substantial portion for himself.
The civil complaint filed for six counts of presentation of false claims, making or using false records or statements, common law fraud, unjust enrichment, disgorgement and payment under mistake of fact seeks a jury trial.
Vijay Patel pleaded guilty in December 2014 to a criminal complaint charging him with health care fraud.