Imaging center owner/doctor charged with doing $1M-plus in fraudulent, risky-to-patients business

A state attorney general has indicted the physician owner of an imaging center for bribing colleagues to order unnecessary exams before performing the exams—including some with IV contrast—and submitting false claims to CMS.

New York Attorney General Letitia James announced the accusations Monday. Her office says Payam Toobian, MD, a 51-year-old neurosurgeon, ran a kickback scam “for years” out of Empire Imaging in Queens. Toobian operated the center through his corporation, America’s Imaging, according to the announcement.

Empire Imaging raked in more than $1 million from claims filed as part of the enterprise, James says.

Among the unneeded imaging exams putting patients at heightened risk were contrast-enhanced MRIs of the brain, lumbar spine and cervical spine.

The offenses for which James is charging Toobian include grand larceny, healthcare fraud, falsifying business records and violations of a Medicaid anti-kickback statute.

All of these are felony charges, the office points out.

More from the announcement:

From January 2006 to August 2017, Toobian allegedly gave gift cards, cash and checks totaling more than $547,000 to three physicians in exchange for the physicians’ referral of patients (including Medicaid beneficiaries) to Empire Imaging. … In addition to this kickback scheme, from January 2014 to August 2017, Toobian allegedly directed his employees at Empire Imaging to add additional, unordered radiological procedures to orders submitted by referring physicians to increase the amount of money Empire Imaging would receive from Medicaid.”

In addition, Toobian and “other defendants” may have to pay damages in a civil lawsuit filed in a U.S. District Court in New York.

Full announcement here.

Dave Pearson

Dave P. has worked in journalism, marketing and public relations for more than 30 years, frequently concentrating on hospitals, healthcare technology and Catholic communications. He has also specialized in fundraising communications, ghostwriting for CEOs of local, national and global charities, nonprofits and foundations.

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