Source: United States Department of Justice Criminal Division
Veni-Express Inc. (Veni-Express), headquartered in California, and its owners Myrna and Sonny Steinbaum have agreed to pay at least $135,000 to resolve False Claims Act allegations that they submitted false claims for mobile phlebotomy services and associated travel mileage and paid kickbacks to a third-party marketer of these services, in violation of the Anti-Kickback Statute (AKS). Veni-Express has agreed to pay $100,000, plus additional amounts based on the sale of company property. Myrna Steinbaum has agreed to pay $25,000, and Sonny Steinbaum has agreed to pay $10,000. These settlements are based on their ability to pay.
The United States alleged that from 2015 to 2019, Veni-Express and the Steinbaums knowingly caused false or fraudulent claims to federal health care programs for mobile phlebotomy services and associated travel mileage. Specifically, with the Steinbaum’s oversight and approval, Veni-Express submitted false claims for venipuncture (blood draw) procedures that the company did not actually perform during homebound patient visits, and for travel mileage associated with these visits that was not reimbursable by Medicare. The United States further alleged that, from July 2014 to June 2015, Veni-Express paid unlawful kickbacks (in the form of a percentage of company revenue) to a third-party, Altera Laboratories also known as Med2U Healthcare LLC, for the marketing of Veni-Express’ services, in violation of the AKS.
“Health care providers that bill for services they did not provide or offer illegal incentives to increase profits will be held accountable,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to safeguard federal health care programs against those who seek to abuse them.”
“Providers must not bill for services they did not perform. Further, the presence of unlawful kickbacks all too often corrupts medical judgment,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California. “Our office is committed to investigating and holding accountable those who violate the False Claims Act and AKS to safeguard the public fisc and protect the integrity of our federal health care system.”
“Improper incentives and billing Medicare for services never actually provided divert taxpayer funding meant to pay for medically necessary services for Medicare enrollees,” said Special Agent in Charge Steven J. Ryan of the Department of Health and Human Services Office of the Inspector General (HHS-OIG). “HHS-OIG and our law enforcement partners remain committed to identifying and holding accountable those who engage in such unlawful relationships.”
The civil settlement resolves claims brought under the qui tam or whistleblower provisions of the False Claims Act by Banisha Evans, a former phlebotomist for another California provider, and Richard Drummond, a technical director at a Texas laboratory. Under those provisions, a private party can file an action on behalf of the United States for false claims and receive a portion of any recovery. The qui tam cases are captioned U.S. et al., ex rel. Evans v. PhlebXpress et al., No. 2:18-cv-2038 (EDCA) and U.S. ex rel. Drummond v. Veni-Express Inc., et al., No. 2:21-cv-1199 (EDCA).
The relators’ share of the settlement has not yet been determined.
The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, the U.S. Attorney’s Office for the Eastern District of California and HHS-OIG.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care 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).
Trial Attorney Gary R. Dyal of the Civil Division’s Commercial Litigation Branch, Fraud Section, and Assistant U.S. Attorney Colleen Kennedy for the Eastern District of California handled the matter.
The claims resolved by the settlement are allegations only. There has been no determination of liability.