06/28/2024
PODIATRISTS AND THE LAW
TN Podiatrist Sentenced for $4M Foot Bath Fraud Scheme
A Tennessee podiatrist was sentenced to four years in prison for a scheme to defraud Medicare and TennCare, a Medicaid program administered by the State of Tennessee, by prescribing and dispensing medically unnecessary foot bath medications and obtaining millions of dollars in reimbursements. According to court documents and evidence presented at trial, Nathan Lucas, DPM, 59, of Memphis, owned and operated a podiatry clinic and two pharmacies. Lucas regularly prescribed antibiotic and antifungal drugs to be mixed into a tub of water for patients to soak their feet.
Source: U.S. Department of Justice [6/27/24]
05/28/2024
PODIATRISTS AND THE LAW
FL Podiatrist Receives Two Life Sentences for Sexually Abusing Child
A local man convicted of sexually abusing a child received two life sentences this week. According to a news release from the State Attorney's Office of the 14th Judicial Circuit, 61-year-old Daniel Feitz of Panama City was sentenced Thursday to serve two life sentences: one for the sexual battery of a child younger than 12, and another for lewd or lascivious molestation. He also received a 15-year sentence for lewd or lascivious exhibition.
Source: Nathan Cobb, Panama City News Herald [5/24/24]
05/06/2024
PODIATRISTS AND THE LAW
FL Podiatrist Found Guilty of Child Sex Crimes
A Bay County jury found a Panama City doctor guilty of three sex offenses against a child on Wednesday. The State Attorney’s Office said Panama City podiatrist Dr. Daniel Feitz was found guilty of multiple charges including sexual battery upon a child less than 12 years of age, lewd or lascivious exhibition, and lewd or lascivious molestation.
Source: WJHG/WECP [5/2/24]
03/20/2024
PODIATRISTS AND THE LAW
TN Podiatrist Convicted of $4M Foot Bath Fraud Scheme
A federal jury convicted a Tennessee podiatrist today for a scheme to defraud Medicare and TennCare by prescribing and dispensing medically unnecessary foot bath medications and obtaining millions of dollars in reimbursements. According to court documents and evidence presented at trial, Nathan Lucas, DPM, 59, of Memphis, owned and operated a podiatry clinic, Advanced Foot & Ankle Care of Memphis LLC, as well as two in-house pharmacies. Lucas regularly prescribed antibiotic and antifungal drugs to be mixed into a tub of water for patients to soak their feet.
Source: U.S. Department of Justice
02/26/2024
PODIATRISTS AND THE LAW
6 TX Podiatrists Indicted in Pharmacy Kickback Scheme
Several podiatrists and local businessmen are among the 14 people indicted in a pharmaceutical kickback scheme in the Northern District of Texas this week. The physicians received bribes and kickbacks from pharmacies for referring prescriptions to those pharmacies. Podiatrists indicted were: Robert Leisten, DPM, Amy Haase, DPM, Arnold Farbstein, DPM, Barry Weinstein, DPM, Katherine McCarty, DPM, and David Wolf, DPM.
Source: D Magazine [2/23/24]
02/22/2024
PODIATRISTS AND THE LAW
FL Podiatrist Surrenders License But Avoids Jail in Rape Case
Palm Beach County’s Saul Lipsman was a licensed podiatrist for 52 years, and admitted in August that he’s also a rapist. As of Feb. 6, he’s no longer a licensed podiatrist. Lipsman, 78, relinquished the podiatric physician license he’d held since Feb. 11, 1971. His voluntary surrender was part of his guilty plea to sexual battery on an adult patient, for which he got a five-year probation that began Aug. 31.
Source: David J. Neal, Miami Herald [2/20/24]
02/05/2024
PODIATRISTS AND THE LAW
OR Podiatrist Faces New Sex Abuse Charges Amid Ongoing Investigation
A Portland podiatrist is facing new sex abuse charges after additional victims came forward, according to the Portland Police Bureau. Since KATV last reported on this incident, seven women have come forward and reported that Dr. Brian M. Bowen, 49, sexually abused them. Police say the alleged abuse happened between Aug. 2022 and Oct. 2023, during podiatry exams at Eastside Foot & Ankle.
Source: KATV News (ABC) [2/2/24]
12/20/2023
PODIATRISTS AND THE LAW
OR Podiatrist Faces Sex Abuse Charges
A foot doctor in Portland was indicted earlier this month by a grand jury on charges of sex abuse of two female patients, and investigators believe there may be more victims, the Portland Police Bureau (PPB) reported Monday. Brian M. Bowen, DPM, 49, is accused of fondling two women during exams at the podiatry practice Eastside Foot & Ankle, located in Portland.
Source: KGW [12/18/23]
08/24/2023
PODIATRISTS AND THE LAW
FL Podiatrist Pleads Guilty to Battery in Exchange for Non-Prison Penalty
A Palm Beach Gardens podiatrist accused of raping a drunk woman and taking nude photos of her pleaded guilty to two counts of felony battery Tuesday. He will serve no time in prison. Circuit Judge Cymonie Rowe sentenced Scott Strolla, 57, to one year in jail and seven years of probation in accordance with the plea deal. Assistant State Attorney Kristen Grimes agreed to drop one count of video voyeurism in exchange for his guilty plea. While on probation, Strolla must undergo a psychosexual evaluation and treatment and adhere to a 10 p.m. curfew.
Source: Hannah Phillips, Palm Beach Post [8/22/23]
08/16/2023
PODIATRISTS AND THE LAW
NY Podiatrist Sued By His Estranged Wife for Plotting 2nd Time to Have Her Killed
Susan Bernstein has sued her estranged husband, former podiatrist Ira Bernstein, and his lawyer-sister, who are charged criminally in an alleged plot to have her killed. This would be the second such plot Ira Bernstein is involved in. Ira Bernstein spent nearly five years in state prison on a guilty plea to conspiring with a then-girlfriend in 2015 to kill Susan Bernstein, the mother of his children. This civil lawsuit piggybacks on criminal charges accusing Ira Bernstein of soliciting a Haverstraw landscaper to have his wife killed.
Source: Steve Lieberman, Rockland/Westchester Journal News [8/14/23]
08/08/2023
PODIATRISTS AND THE LAW
Former FL Podiatrist Faces Penalties after Crash
This past week in Sumter County Court, 56-year-old Augustine Anthony Bollo, a former podiatrist, pleaded no contest to a charge of reckless driving, which had been reduced from a charge of driving under the influence. He will lose his license for six months, has been placed on probation for six months, and has been ordered to perform 25 hours of community service.
Source: Villages News [8/5/23]
08/08/2023
INTERNATIONAL PODIATRISTS AND THE LAW
Argentine Podiatrist Accused of Poisoning Her Husband to Keep the Inheritance
German Barzelli, 41, was arrested in Mendoza on a charge of aggravated murder following the death of 58-year-old Roberto Alfonso Aquiles Guzmán Jack. The podiatrist is alleged to have poisoned the victim, her husband, by administering toxic substances through serum to him. A few months after the wedding, Jack entered the Ancarena Sanatorium due to kidney failure. He finally passed away months later in early 2020.
Source: Nation World News [8/5/23]
06/05/2023
PODIATRISTS AND THE LAW
NY Podiatrist & Sister Charged with Second Plot to Kill Wife
Ira Bernstein, DPM has been accused a second time of trying to get his wife killed, this time with the alleged aid of his sister. In a case that drew national attention, Bernstein and then-girlfriend Kelly Gribeluk of Airmont were convicted in 2017 of plotting to a hire a hitman to run over Bernstein's wife. Both served around four years in prison.
Source: Joe Lombardi, Ramapo Daily Voice [6/3/23]
05/17/2023
PODIATRISTS AND THE LAW
MS Podiatrist Gets 2 Year Sentence in Foot Bath Fraud Scheme
A Panola County man was sentenced today to two years in prison following his conviction for his role in a scheme to defraud Medicare and TRICARE by prescribing and dispensing medically unnecessary foot bath medications and ordering medically unnecessary testing of toenails in exchange for kickbacks and bribes. According to court documents, Marion Shaun Lund, DPM, 54, owned and operated a podiatry clinic, as well as an in-house pharmacy. Lund routinely wrote prescriptions for and dispensed antibiotic and antifungal drugs to be mixed into a tub of warm water for patients to soak their feet.
Source: Darkhorse Press [5/15/23]
05/10/2023
RESPONSES/COMMENTS (PODIATRISTS AND THE LAW) - PART 1B
From: Paul Kesselman, DPM
Yes, it is indeed sad that we see our own being indicted and then convicted of third-party insurance fraud. However, the OIG and CMS are usually notified to investigate practitioners when they are suspected of egregious billing practices and errors. There are far more who are civilly punished and have to pay back what still are hefty sums of money without having to serve prison time nor do they make the OIG or lay press publications. It is for this reason that practices, in particular solo or small group practices, need to invest time and money into compliance packages and programs. This is to allow them to keep the hard earned money and to prevent escalation to OIG investigations.
CMS and all third-party payers know that the large groups have healthcare attorneys and teams who keep these practices on the straight and narrow. Otherwise, due to the large amount of...
Editor's note: Dr. Kesselman's extended-length letter can be read here.
05/10/2023
RESPONSES/COMMENTS (PODIATRISTS AND THE LAW) - PART 1A
From: Michael Rose, DPM
I strongly concur with Dr. Rubin’s recommendation for an audit system for claims in your practice. In addition, it is possible to set up a photo/history of some key billings. Almost all podiatrists administer care that is uncompensated. Mostly that is a form of basic care that does not have sufficient medical “justification” or is not covered by present rules.
It is possible to photo document those cases, and state in the chart that no charges were made to the patient or Medicare, and none were “authorized.” Then, just tell the patient that their care is not covered, but you “allocate” a certain number of cases/month to uncompensated situations. You can use your cell phone to take pictures of these, and put them on a list.
During an audit, you can show the auditors your uncompensated list, as a part of your in-office documenting and audit process. It is unlikely that they are expecting such a demonstration and will likely be surprised you have it. Your photo documentation creates a difficult enforcement boundary for them.
Michael Rose, DPM, Cleveland, OH
05/08/2023
PODIATRISTS AND THE LAW - PART 2
MS Podiatrist Reports to Prison
Podiatrist Dr. Carey Craig Williams has reported to the Federal Prison Camp in Pensacola to begin serving a 43-month sentence after pleading guilty to attempt and conspiracy to commit fraud in a scheme that federal prosecutors cost taxpayers millions of dollars. Restitution costs of $5,560,063.03 was also assessed by District Judge Sharion Aycock.
Source: The Oxford Eagle [5/6/23]
05/08/2023
PODIATRISTS AND THE LAW - PART 1
MI Podiatrist Sentenced for Billing Medicare $1.8M Under False Identity
A Michigan podiatrist was sentenced to seven years in prison for orchestrating a healthcare fraud conspiracy that resulted in almost $2 million in false and fraudulent claims being submitted to Medicare, as well as for falsifying records and identity theft. According to court documents, Dr. Kenneth Mitchell, 61, of Wayne County, owned and operated a podiatry practice in Michigan specializing in on-site foot care provided to adult foster home residents. Mitchell had previously been suspended by Medicare for suspicious billing practices, banning him from receiving any Medicare funds while the suspension remained in place.
Source: US Department of Justice [5/4/23]
05/01/2023
RESPONSES/COMMENTS (PODIATRISTS AND THE LAW)
From: Michael M. Rosenblatt, DPM
My heart aches when I read about these cases. I am glad that the Editor includes these in his blog. I cannot understand how or why some DPMs would believe that they are not being observed, and that their billings are supposedly private. It is important to say this outright: "A computerized search of your billings for the last 5 years can be obtained by almost any examining authority in as short a time as 20 minutes."
Any pattern of abuse can be identified in about the same length of time. If I were surmising which DPMs get involved in these illegal projects, I would suggest that they are probably NOT members of the APMA and do not read this...
Editor's note: Dr. Rosenblatt's extended-length letter can be read here.
05/01/2023
PODIATRISTS AND THE LAW
CA Doctor Settles FCA Allegations for $23.9 Million
A plastic surgeon in Beverly Hills, along with his son, and medical practices and billing company, have agreed to pay $23.9 million to resolve allegations that they violated the False Claims Act by submitting or causing the submission of false claims to both Medicare and Medicaid.
The civil settlement includes the resolution of claims brought under the qui tam, or whistleblower, provisions of the False Claims Act by parties who worked for the plastic surgeon (Dr. Aronowitz) and his associated medical practices and businesses. Whistleblowers include TDP, a billing company; Dr. Jason Morris, a podiatrist; and Harold Bautista, a billing department employee. Under the qui tam provisions, a private party can file an action on behalf of the government and receive a portion of any recovery.
Source: Sierra Sun Times [4/29/23]
04/29/2023
PODIATRISTS AND THE LAW
NJ Doctor Pleads Guilty to Bilking Amtrak Out of $1.4M
A New Jersey doctor pleaded guilty to defrauding Amtrak of almost $1.4 million by submitting bills for procedures that were never provided or were medically unnecessary, prosecutors said. Dr. Muhammad Mirza and a group of conspirators charged Amtrak's health plan for the bogus treatments by recruiting employees of the rail service and paying them to use their patient and insurance information to submit fraudulent claims. In court documents, the U.S. Attorney's Office said Mirza conspired with podiatrist Michael Denicola and others to bribe Amtrak employees to use their information to submit false claims.
Source: Scott Fallon, The Bergen Record [4/27/23]
04/20/2023
RESPONSES/COMMENTS (PODIATRISTS AND THE LAW) - PART 1B
From: Ivar E. Roth, DPM, MPH
I keep reading about these huge cases of fraud by some very well-trained podiatrists. What is wrong with these individuals? There is no doubt there are a lot more out there this very minute doing this and further degrading our profession.
Ivar E. Roth, DPM, MPH, Newport Beach, CA
04/20/2023
RESPONSES/COMMENTS (PODIATRISTS AND THE LAW) - PART 1A
From: Elliot Udell, DPM
There is an issue with the way this case is being presented that begs to be addressed. Two issues are being conflated and readers may get the wrong idea about writing for compounded creams. One issue is whether a physician should write prescriptions for creams made by a compounding pharmacy. The other issue is whether the physician convicted of fraud actually saw and evaluated the patients. Both are two distinct issues. In the article, it indicates that the creams were medically unnecessary. Well, they may have been unnecessary not because there was anything wrong with the creams but because the prescribing doctors never saw the patients.
There are many compounded medications that are very helpful and doctors from all medical specialties frequently write for these drugs. If there is a clear indication for them, we should not be dissuaded from appropriately prescribing them but we must base the prescription on clear evidence that they are indicated. This always requires seeing and evaluating the patients.
Elliot Udell, DPM, Hicksville, NY
04/19/2023
RESPONSES/COMMENTS (PODIATRISTS AND THE LAW)
From: Bret Ribotsky, DPM
Once again, it comes as an absolute shock to me from the conscious side of my brain that many podiatrists who hold leadership positions are so blatantly unaware or intentionally committing acts that will place them in jail, tarnish their reputation, and reflect badly on our profession. When I first read the story about Brian Carpenter, in 2019, I was cheering for his acquittal. But obviously the wheels of justice took four years, and he was found guilty.
As Brian is a past board member of ACFAS and a leader on the lecture circuit in our profession, Brian knew better. This must be a huge gut-check to every seminar that has had him as a speaker. As I shared on this forum a few months ago, there continues to be podiatrists lecturing at CPME-approved events who don’t have licenses (and the audience is not told). I can’t believe that nobody is concerned about this. Where did integrity go?
Bret Ribotsky, DPM, Fort Lauderdale, FL
04/19/2023
PODIATRISTS AND THE LAW
OK Podiatrist Agrees to Pay $7M to Resolve False Claims Act Allegations
The United States Attorney's Office for the Eastern District of Oklahoma announced that podiatrist Dr. Bryan Andrew Blanck has agreed to pay $7 million to the U.S. to resolve allegations that he violated the False Claims Act. Blanck formerly owned and operated the Valley View Foot and Ankle Center in Ada, OK. This settlement resolves allegations that Blanck submitted false claims to the VA Choice Patient-Centered Community Care programs for excessive medical services and for higher levels of service than what was medically reasonable or necessary for veterans receiving bioengineered skin substitutes and skin substitute-related treatment.
Source: Savannah Sinclair, KTUL [4/17/23]
