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Fresenius Vascular Care Accused of Endangering Dialysis Patients in Multi-State Fraud Scheme
Attorney Generals of New Jersey, New York, and Georgia Allege Unnecessary Surgeries Endanger Lives and Defraud Federal Health Programs.
Morristown, NJ – In a shocking revelation, Fresenius Vascular Care (FVC), Dr. Gregg Miller, a New York executive associated with the company, and several affiliated entities are facing serious allegations. A civil complaint, filed on October 2, 2023, claims that these entities knowingly subjected Medicare and Medicaid beneficiaries with end-stage renal disease (ESRD) to invasive and unneeded surgeries.
The core of the controversy centers on the unnecessary appointments made for ESRD patients. These individuals were reportedly sedated and underwent unwarranted procedures on their arteries and veins. Such invasive measures were not only needless but placed these already vulnerable patients at significant risk. FVC's parent company research indicated that these "monitoring" surgeries don't aid ESRD patients and could, in reality, hinder their critical dialysis treatments.
Attorney General Platkin expressed his concerns stating, “As alleged in this complaint, greed motivated these defendants to rip off taxpayers and subject sick patients with advanced kidney disease to needless, life-threatening medical procedures. Some of these patients were operated on repeatedly — for nothing."
AG Platkin added that many patients underwent these procedures multiple times without any medical necessity, pointing to a potential underlying profit motive. Furthermore, those healthcare professionals who raised alarms regarding these surgeries faced resistance and backlash.
The complaint was presented in the federal court in Brooklyn, New York, and involves violations of the New Jersey False Claims Act, along with corresponding laws in New York and Georgia. Several New Jersey entities are named in the action, such as Image Guided Surgery & Aesthetics, Access Care Physicians of NJ, Azura Surgery Center, and New Jersey Interventional Associates.
Alarmingly, the lawsuit alleges that the primary motive behind these procedures was a blatant drive to boost revenues. FVC's reported philosophy to "increase revenue and decrease expense" allegedly led to the falsification of patient referrals, ignoring vital medical records, and misrepresentation of diagnostic reports. The aim, it seems, was to inflate billings for repeated diagnostic and surgical procedures, including risky interventions like fistulagrams and angioplasties.
The lawsuit brings to light a particularly troubling case involving a New Jersey dialysis patient. Between March 2013 and June 2018, this patient was subjected to unwarranted X-rays and angioplasties at least nine times. Many of these surgeries were spaced just months apart. Despite the clear lack of medical necessity, these services were performed and billed to Medicare and New Jersey Medicaid, amounting to thousands of dollars per procedure.
This lawsuit is the culmination of a joint probe conducted in collaboration with the U.S. Attorney’s Office for the Eastern District of New York and the National Association of Medicaid Fraud Control Units. Initiated by two concerned doctors, this case aims to represent the interests of 16 additional states under their respective false claims acts.
Deputy Attorney General Charisse Penalver is overseeing this crucial case for New Jersey. Citizens with relevant information about Medicaid Fraud or insurance malpractice are encouraged to report any findings, with potential rewards for information leading to prosecution and conviction. For further details or to report suspicions, visit www.NJInsurancefraud.org or call the hotline at 1-877-55-FRAUD.
