Leah B. Foley United States Attorney for the District of Massachusetts | Department of Justice
The Mitchell Eye Center, a Florida ophthalmology practice, and Dr. Alan Mitchell have agreed on Apr. 15 to pay $415,000 to resolve allegations that they caused the submission of false claims to Medicare in violation of the False Claims Act.
The settlement addresses concerns about improper billing practices and payments that allegedly violated federal law. The United States alleges that from September 2018 through March 2020, the Mitchell Eye Center and Dr. Mitchell submitted false claims for transcranial doppler (TCD) tests to Medicare and the Veterans Health Administration. TCD tests are non-invasive diagnostic procedures used to estimate blood flow in certain brain vessels.
According to authorities, the practice had agreements with Eyecuity, PLLC—a medical diagnostics company—that resulted in payments for each patient referral for TCD testing rather than payments based on fair market value for rent or administrative services as specified by contract terms. Additionally, physicians at Mitchell Eye Center signed order forms provided by Eyecuity indicating patients had Vertebro-Basilar Syndrome or Vertebrobasilar Insufficiency (VBI), despite lacking evidence or reason to believe patients had this rare condition.
United States Attorney Leah B. Foley said: "The United States contends that the claims for the TCD tests that Mitchell Eye Center and Dr. Mitchell caused Eyecuity to submit to Medicare were false because the TCD tests were not medically necessary and because the Mitchell Eye Center received payments from Eyecuity that violated the Anti-Kickback Statute." Foley was joined by Roberto Coviello, Special Agent in Charge of Health and Human Services-Office of Inspector General, who also participated in announcing the settlement.
The U.S. Attorney for the District of Massachusetts advances community initiatives on civil rights and violence prevention according to its official website. The office maintains facilities at Boston's John Joseph Moakley United States Federal Courthouse as well as branch offices in Springfield and Worcester according to its official website. It is a component of the United States Department of Justice according to its official website and employs over 200 attorneys, paralegals, and professional staff according to its official website.
Looking ahead, Assistant U.S. Attorney Charles B. Weinograd from the Affirmative Civil Enforcement Unit is handling this case as part of ongoing efforts by federal authorities—who serve all residents across Massachusetts—to enforce laws through prosecution of crimes including national security threats and civil rights violations according to its official website.
