Anti-Kickback Law Violations

Improved Essays
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.
***
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
…show more content…
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

Related Documents

  • Improved Essays

    5. What are the morally relevant facts? A fact that posed as misconduct is the lack in compassion and commitment from both the physician Dr. Evans and the employees at the medical clinic in the institution. Because of the fact that Dr. Evans failed to identify the lump in Tomcik’s breast as a result of a passively performed examination, he did not follow his obligation, as a physician, to deliver the high-quality care that patients should receive.…

    • 1004 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Attorneys for Wilson Elser never presented one scintilla of evidence or information proving that MMC was a victim of abusive communication, false reporting or suffered irreparable harm. In fact, the record in this case includes evidence that Montefiore staff and agents have engaged in false swearing and testimony. In addition, the record proves that Montefiore Medical Center and its staff completed or caused to be completed a healthcare proxy by an elderly patient that is both completed and witnessed by only Montefiore staff. One of the staff members who signed the proxy as a witness is the doctor/healthcare provider who demanded the patient to receive a PICC line (catheter for intravenous delivery of drugs) for more than four weeks. During that time, the patient continued to deny additional surgical procedures by MMC, its staff or agents.…

    • 1115 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    When he released the information to the media he also released patient information, therefore violating the Health Insurance Portability and Accountability Act (HIPPA). This was against the facilities policy furthermore, he was dismissed from Bridgeway Inc. James Hitesman then filed a law suit stating the facility did not obey the…

    • 1276 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Oliver Vs Brock Case Study

    • 1381 Words
    • 6 Pages

    The court defended that there is no law that refuses the professional freedom of physicians to compare problem-solving approaches to their counterparts in order to improve the quality of services they provide to the public. Dr. Ketcham’s affidavit concludes that he had no contact with Dr. Brock concerning the care or treatment of Oliver. He also noted that he was not aware of any contact between the Plaintiff and Dr. Brock while she was a patient at Bryan Whitfield Memorial Hospital. The supporting evidence mentioned above, lucidly supports Dr. Brock’s motion for summary judgment based on the adjudication of the…

    • 1381 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    New York City College of Technology City University of New York Law and Ethics Case: Jeanette M. and the Phone Call Erica Rotstein October 7, 2017 Professor Bonsignore HAS 3560 -Legal Aspects of Health Care Abstract The advancement in the field of medicine over the years has led to doctors and health care providers having more responsibilities on their hands. This brings into question what should and shouldn’t be done, as well as what is morally and ethically right. However, this isn’t so cut and dry.…

    • 1877 Words
    • 8 Pages
    Great Essays
  • Decent Essays

    1. DaVita Health Care partners were accused of using more medicine vitals or unnecessary spreading medicine dosages across multiple treatments. They were allegedly doing this knowing that Medicare would pay for this “unavoidable” waste. A nurse and a Dr. that worked together noticed that expensive medicine was just being thrown away. These two men were upset this was happening and when nothing was being done to change it they filed a whistleblower case.…

    • 348 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    D-Met with the patient upon his arrival. This writer addressed with the patient about TEAM's decision of not reinstating him for treatment due to his non-compliance of his multiple AWOLs and following through with Hartford Dispensary with regards to making his payment to the clinic. According to the patient, he did everything on his end with the Hartford Dispensary, but the clinic wants him to be taper off on his methadone. This writer questioned the patient if he had obtained a letter from his prescriber stipulating that he cannot get off on his benzos script and no response to this question. When the patient was questioned as to whether or not he did indeed paid the Hartford Dispensary, he says, " I did, but if I have to do it again, I will."…

    • 462 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    I investigated the 2009 Texas Whistleblower case concerning registered nurses Anne Mitchell and Vickilyn Galle, and Dr. Rolando Arafiles Jr.. Mitchell and Galle anonymously reported their concerns to the Texas Medical Board, on the standards of care provided, at Winkler County Memorial Hospital and the Winkler County Rural Health Clinic, by physician Dr. Arafiles. The letter reported that Dr. Rolando Arafiles Jr. was promoting his herbal supplements by encouraging his patients to purchase them and that he had performed a procedure on a patient in their home using the hospital's supplies. In August of 2009, Galle and Mitchell decided to settle their civil lawsuit against Dr. Arafiles and the federal lawsuit, without acknowledging liability,…

    • 342 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    On Friday 10/09/2015, at 0147 hours, Security Officers Omar Alonso and Marcellus Wester responded to a call for assistance with a disorderly male patient from E.D. room # C-24. Both Officers arrived at 0148 hrs. and met with Nurse Christiane Dotson who stated that the patient, Sanchez-Garlobo, Manuel (MRN: 70032631/FIN: 84678786) was belligerent and would not follow any instructions given to him by the attending Physician or any nursing staff. She also stated that he had a pair of scissors in one of his pockets and it was taken from him because of the way that he was acting. The Nurse did not want Security personnel to speak to patient because he was inside his room and seemed to be calming down.…

    • 783 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Mr. Lee has had very busy past several months. He has been not been honest in his reporting to this provider and violated the following treatment rules: -If your offense involved children, you shall not be alone with minor males or females. Whenever you have prolonged social contact with minors, an adult that is approved in advance by your treatment provider and is aware of your offense history and the behavioral rules that you must follow when around children must monitor you. -You shall not consume alcohol or use illicit substances, including prescription medication that is prescribed to another individual. -You shall not engage in any romantic/sexual behavior with any individual without my prior knowledge and approval.…

    • 903 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Law and Policy Paper: Stark Law Many laws and policies that are passed into legislation focus on the ever-important topic of healthcare. From the Health Insurance and Accountability Act of 1996 (HIPAA) to the Patient Protection and Affordable Care Act (commonly called the Affordable Care Act [ACA]) of today, healthcare is an issue that will forever be in the forefront of our societal concerns. However, the law I chose to discuss here is the Limitation on Certain Physician Referrals, more commonly known as the Stark Law. The Stark Law is of specific interest to me because it has had an extensive impact on specialist physicians, particularly orthopaedic surgeons as the law was unambiguously tailored to inhibit certain referrals by orthopaedic…

    • 1319 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    Whose Hospital Case Study

    • 1133 Words
    • 5 Pages

    The petition demanded Don Wherry’s resignation and even included threats of forgoing patient care if he did not step down. Four doctors and nurse representatives met with the board of trustees to deliver the petition. The petition accused Wherry of being incompetent, devious, acting in an unprofessional manner along with several other allegations. Wherry defended himself against the allegations that were brought forth by the medical…

    • 1133 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Stark Law Case Study

    • 436 Words
    • 2 Pages

    There is an issue with the overspending of health care as it is, but to compromise the care which is being received by performing fraud and abusing the laws is ethically wrong. I believe that Dr. S. and Dr. V. knowingly interpreted the law into their own definitions resulting into…

    • 436 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    On 10/19/17 the Administrative Officer for the PM&R Service Glenn Butorac contacted Mr. Tressel (9738) regarding a “White House Complaint” (Exec VA64276). Mr. Tressel stated that he is upset in regards to his "pain management care" and the attitude of his provider Dr. Lipton. Mr. Tressel stated that his concerns started back several years and has regressed with each appointment since. The undersigned expressed sympathy and explained to Mr. Tressel that his concerns will be addressed and presented to Dr. Lipton's supervisor.…

    • 208 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Per the Securities and Exchange Commission, (SEC v. Shkreli M., Greebel E., MSMB Capital and MSMB Healthcare, 2015) Shkreli violated the following sections and rules of the Securities Act of 1933, Securities Exchange Act of 1934 and Investment Advisers Act of 1940. 1) “Sections 17 (a) (1) and 17(a) (2) of the Securities Act 2) Section 10 (b) of the Exchange Act and Rule 10b-5 3) Section 10(b) of the Exchange Act and Rule 10b-21 4) Sections 206(1) and 206(2) of the Advisers Act 5) Sections 206(4) of the Advisers Act and Rule 206(4) – 8” (pgs. 3-4) Sections 17 (a) (1) and 17(a) (2) of the Securities Act of 1933 were violated by Shkreli for insider trading with Retrophin for his benefit. In the Securities Exchange Act of 1934, Section 10B and…

    • 1230 Words
    • 5 Pages
    Improved Essays