Anti-Kickback Law Violations

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This investigation stems from Dr. Fonn self-reporting that he his privileges had been suspended for 30 days from a hospital in Cape Girardeau, MO. It was due to alleged conflict of interest and federal prosecution for Anti-Kickback law violations. He also answered positive to remuneration for two cases in the past year. A case was opened.
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On 012-16-2014, the Board office received an application for Missouri Medical License from Dr. Sonjay J. Fonn, DO of Cape Girardeau, MO. In filing for his 2015 medical license, Dr. Fonn answered yes to Questions#15, #17, #19 and #20.

Dr. Fonn responded to each of the “Yes” marked questions. The following is the text of the explanations that he provided:

Subpoena to St. Francis
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Rick Watters. Mr. Watters advised that SFMC is readily able to provide the disciplinary documents that are requested by the subpoena. However, Mr. Watters advised that SFMC has never made a complaint about Anti-Kickback Law violations and said that the federal authorities have subpoenaed 20 bankers’ boxes full of records for their part in this case. He advised the records supplied to the federal authorities are simply billing records. He explained that the subpoena was worded so broadly that he did not know exactly what we wanted in this matter. Mr. Watters elaborated that the federal authorities believe that Dr. Fonn was doing surgeries in doing surgery on his patients, he asked for specific hardware items to be provided for the surgeries. The items requested were purchased by the hospital for the surgeries from the suppliers. The local distributor of the items happened to be Dr. Fonn’s girlfriend. The federal authorities believe that his girlfriend lavished gifts upon Dr. Fonn in exchange for his requesting the specific items to be purchased and used. It is also something that occurred between Dr. Fonn and his girlfriend, not the …show more content…
Watters advised that there is no evidence that suggests Anti-Kickback Law violations specifically. Whether Dr. Fonn violated the Anti-Kickback Law is going to be an interpretation by the federal authorities and a federal judge in this matter.

Mr. Watters added that the discipline of Dr. Fonn by SFMC did occur in the wake of this matter. He advised that Dr. Fonn did not declare, as he was supposed to, that he had a financial stake in a particular company that provided medical supplies. This was determined to be a conflict of interest. While this was not Anti-Kickback Law violation, it was discovered by the fact the federal authorities were investigating. He advised those records would be supplied.

I advised Mr. Watters that if I could find something more clearly defined, I would contact him. I have spoken to federal authorities but have not been able to get information about specific items. I asked him to provide what he could and explain in a letter as he had explained to me what he did have in possession, normal hospital billing

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