Medical Practice and its Owners to pay $1 Million to Resolve False Claims Act Allegations

NEWARK, N.J. – Two doctors and their medical practice have agreed to pay $1 million to resolve allegations that they violated the False Claims Act by allegedly performing and billing for medically unnecessary procedures on Medicare and Medicaid patients, U.S. Attorney Philip Sellinger announced today.

According to the contentions of the United States contained in the settlement agreement:

From Jan. 1, 2013, to Aug. 31, 2022, Drs. Fadi El-Atat and Sarah Abdul-Sater and their medical practice, FA CV Consultants P.C., violated the False Claims Act by knowingly seeking reimbursement for medically unnecessary balance tests, pulmonary function tests, allergy tests, autonomic nervous tests, and cardiology ultrasound tests that were performed on Medicare and Medicaid beneficiaries.

The allegations were originally made in a lawsuit filed under the whistleblower provisions of the False Claims Act brought by Jennifer Jean. The act permits private parties to sue for false claims on behalf of the United States and to share in any recovery. Jean will receive approximately $180,000 from the proceeds of the settlement.

The government’s pursuit of this lawsuit illustrates its efforts to combat healthcare fraud. One of the strongest 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 the Department of Health and Human Services, at 800‑HHS‑TIPS (800-447-8477).

U.S. Attorney Sellinger credited special agents of the U.S. Department of Health and Human Services – Office of the Inspector General, under the direction of Acting Special Agent in Charge Naomi Gruchacz, with the investigation leading to the settlement.

The government is represented by Assistant U.S. Attorney Kruti D. Dharia of the Opioid Abuse Prevention and Enforcement Unit.

The claims settled by this agreement are allegations only, and there has been no admission of liability.

The case is captioned United States and the State of New Jersey ex rel. Jean v. FA CV, et al. Civ. No. 19-10555 (D.N.J.).