The Department of Justice announced that Dr. Vinay Malviya, a Michigan gynecologic oncologist, agreed to pay $775,000 to resolve allegations of violating the False Claims Act. Specifically, it was alleged that Dr. Malviya performed radical and modified radical hysterectomies and administered chemotherapy services that were not medically necessary from February 2011 to June 2017. It was also alleged that Dr. Malviya submitted claims for evaluation and management services that were not performed as represented.
In addition to paying $775,000 to resolve claims that he violated the False Claims Act, Dr. Malviya will be excluded from all federal health care programs, including Medicare and Medicaid, for three (3) years. In 2021, Ascension Michigan and related hospitals, Providence Park Hospital, St. John Hospital and Medical Center, St. John Macomb Oakland Hospital and Ascension Crittenton Hospital, agreed to pay $2.8 million to resolve claims of improperly retaining payments submitted by Dr. Malviya in violation of the False Claims Act. Dr. Malviya’s settlement concludes the resolution of qui tam case United States ex rel. Satchwell v. Ascension Health, No. 17-CV-12315 (E.D. Mich.). Relators Pamela Satchwell, Dawn Kasdorf and Bethany Silva-Gomez will receive a combined payment of $147,250.
While claims resolved by settlements have no determination of liability, U.S. Attorney Dawn N. Ison for the Eastern District of Michigan declared that “[t]his settlement should put health care providers on notice that we will seek to hold those responsible who profit from providing services to patients that are more aggressive than medically necessary.”
The attorneys at Chilivis Grubman represent clients of all types and sizes in connection with white-collar criminal investigations and health care fraud investigations. If you need assistance with such a matter, please contact us today.