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.
This settlement addresses concerns about the integrity of federal healthcare programs and seeks accountability for improper billing practices involving diagnostic tests. The United States alleges that from September 2018 through March 2020, the Mitchell Eye Center and Dr. Mitchell were involved in submitting false claims for transcranial doppler (TCD) tests to Medicare and the Veterans Health Administration.
According to authorities, Eyecuity PLLC paid the Mitchell Eye Center for every referral made for TCD tests during this period, despite contracts stating payments should be based on fair market value of rent and administrative services—not per patient or test referred. Physicians at the practice also signed order forms provided by Eyecuity indicating patients had Vertebro-Basilar Syndrome or Vertebrobasilar Insufficiency (VBI), even though there was no reason to believe these rare diagnoses applied.
The United States contends that these actions led Eyecuity to submit claims for TCD tests that were not medically necessary and resulted in payments violating the Anti-Kickback Statute. As part of their agreement with federal authorities, both Dr. Mitchell and his practice admitted responsibility for these actions underlying the settlement.
United States Attorney Leah B. Foley said: “BOSTON – The Mitchell Eye Center, a Florida ophthalmology practice, and Dr. Alan Mitchell, an ophthalmologist and former owner of the Mitchell Eye Center, have agreed to pay $415,000 to resolve allegations that they caused the submission of false claims to Medicare in violation of the False Claims Act.” Roberto Coviello from Health and Human Services-Office of Inspector General joined Foley in making this announcement; Assistant U.S. Attorney Charles B. Weinograd is handling this case with assistance from Department of Veterans Affairs investigators.
The U.S. Attorney for the District of Massachusetts advances community initiatives on civil rights and violence prevention according to its official website. It 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. The office 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. It enforces federal laws through prosecutions including national security threats and civil rights violations according to its official website, serving all residents across Massachusetts according to its official website.
Looking ahead, officials say such settlements reinforce oversight efforts designed both as deterrents against improper billing practices within medical fields as well as protection measures safeguarding public health program resources.