The United States filed a civil complaint on Mar. 3 against Dr. Kevin Rosenbach, an allergy and immunology doctor in Naples, Florida, and his practice, Kevin P. Rosenbach, M.D. P.A., alleging they knowingly caused false claims for subcutaneous immune globulins to be submitted to Medicare Part B.
The case is significant because it involves alleged misuse of federally funded healthcare resources intended for patients with rare immunodeficiency diseases. According to the complaint, Dr. Rosenbach allegedly changed or added diagnoses so that patients who did not meet the criteria for a rare immunodeficiency disease could receive Medicare Part B coverage for subcutaneous immune globulins.
The government alleges that by falsely diagnosing patients in this way, Dr. Rosenbach caused special pharmacies dispensing immune globulins to submit false claims to Medicare Part B, resulting in losses of over $1.9 million.
"The United States Attorney’s Office will vigorously pursue and prosecute those who violate the law and compromise the integrity of federally funded programs," said U.S. Attorney Gregory W. Kehoe. "This action sends a message that our office will continue to protect Medicare funds and the valuable healthcare services the program provides." The Department of Justice reports that these are allegations only and there has been no determination of liability.
According to the press release, this case was investigated by the Department of Justice and the U.S. Department of Health and Human Services – Office of Inspector General; Assistant United States Attorney Chad Spraker is litigating on behalf of the government.
Members of the public can report tips about potential fraud or abuse involving federal benefit programs by calling 800-HHS-TIPS (800-447-8477).
On April 7, the Department of Justice announced creation of its National Fraud Enforcement Division with a mission "to zealously investigate and prosecute those who steal or fraudulently misuse taxpayer dollars." The department's efforts support President Trump’s Task Force to Eliminate Fraud led by Vice President J.D. Vance.
