Source: United States Department of Justice Criminal Division
On July 18, the U.S. District Court for the District of Maryland entered default judgments for the United States totaling $26,341,951.38 against Patrick Britton-Harr and multiple laboratory companies owned by him for violations of the False Claims Act. The court entered these judgments after Britton-Harr and his companies failed to defend against the United States’ allegations.
In its complaint, filed on July 18, 2023, the United States alleged that Patrick Britton-Harr owned and operated Provista Health, LLC as well as multiple other corporate entities that sought to profit from the unfolding COVID-19 pandemic by offering COVID-19 tests to nursing homes as a way to bill Medicare for a wide array of medically unnecessary respiratory pathogen panel (RPP) tests. The complaint alleged that these RPP tests were not medically necessary because the beneficiaries had no symptoms of a respiratory illness and because the tests were for uncommon respiratory pathogens.
The complaint also alleged that Britton-Harr and Provista Health submitted claims for RPP tests that were never ordered by physicians and sometimes for RPP tests that were never performed, including over 300 claims that stated that the nasal swab test sample was supposedly collected from the beneficiary on a date after the beneficiary had died.
Also on July 18, 2023, the United States filed an application for prejudgment remedies under the Federal Debt Collection Procedures Act seeking to attach and garnish certain financial assets of Britton-Harr and to obtain financial discovery from him to help ensure funds would be available to satisfy a judgment in favor of the United States. Despite a court order prohibiting Britton-Harr from selling his house in Annapolis without approval from the court, he sold the house on Sept. 23, 2023, for $575,000 and dissipated the financial proceeds from the sale. On March 4, the court granted the United States’ motion to hold Britton-Harr in civil contempt for violating this order and ordered him to deposit $575,000 with the court’s registry.
“The Justice Department remains committed to holding accountable individuals and entities who took advantage of the COVID-19 pandemic to defraud the American taxpayers,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to pursue those who attempt to thwart justice by ignoring lawsuits, dissipating assets and violating court orders.”
“The exploitation of federal health care programs designed to help the elderly and disabled during a national crisis is absolutely inexcusable,” said U.S. Attorney Erek L. Barron for the District of Maryland. “Regardless their methods, we will hold accountable those who defraud such programs for personal gain.”
“It’s clear that Patrick Britton-Harr thought he could defraud the government by taking advantage of a global pandemic and never face the consequences. The extent of his fraud and abuse is astounding. He took critical resources away from our healthcare system and cost taxpayers their hard-earned money,” said Special Agent in Charge William J. DelBagno of the FBI Baltimore Field Office. “This investigation proves the FBI and our federal partners will continue to investigate and bring fraudsters like Britton-Harr to justice no matter how long it takes.”
“Taking advantage of Medicare beneficiaries and the COVID-19 pandemic to line companies’ pockets is unacceptable,” said Special Agent in Charge Maureen Dixon of the Department of Health and Human Services Office of the Inspector General (HHS-OIG). “HHS-OIG, the Justice Department and our other law enforcement partners work tirelessly to ensure that only legitimate products and services actually provided will be paid for by federal health insurance programs.”
The United States’ pursuit of this lawsuit illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to HHS at 800‑HHS‑TIPS (800-447-8477).
The Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the District of Maryland handled the matter.
HHS-OIG and the FBI are providing investigative support.
Trial Attorneys Jonathan Hoerner and Vincent Vaccarella of the Civil Division’s Fraud Section and Assistant U.S. Attorney/Deputy Civil Chief Tarra DeShields for the District of Maryland are handling the case.