Provided by: Jennifer Kirschenbaum, Esq.
September 19, 2023
What does a kickback charge look like? In Nashville for Dr. B. T. Toh of Illinois it looks like a 12 day trial where a fact pattern emerged that Dr. T ordered thousands of genetic tests without meeting patients face to face or via telemedicine and never reviewing test results. In exchange for providing signed orders for genetic testing, Dr. T received payments from telemedicine companies. Further down the chain, the telemecine companies were paid by marketing companies that targeted Medicare and Medicaid patients through door-to-door marketing at places such as senior fairs and nursing homes - where the marking company collected mouth swab kits. At the end of this line, the marketers then gave the kits to a lab in Tennessee for lab cancer genetic testing in exchange for cash paid by the lab. Then, the lab billed Medicare and Medicaid for the tests.
End result - PHYSICIAN CONVICTED IN $9.5 MILLION HEALTH CARE FRAUD CONSPIRACY TO ACCEPT KICKBACKS. Based on the count of conviction, the defendant faces up to 5 years in prison and a $250,000 fine. He will be sentenced on January 9, 2024.
