PAYING PHYSICIANS TO REFER PATIENTS TO THEIR OWN CLINICS

Our team helped whistleblower David Barbetta bring a False Claims Act action against DaVita Healthcare Partners, one of the largest providers of dialysis services in the United States. Barbetta, a former financial analyst employed by DaVita, uncovered that the provider was paying physicians to refer their patients to DaVita clinics for dialysis by selling doctors shares of DaVita clinics at below fair market value, and purchasing doctors’ interests in other clinics at above fair market value. Found to have violated the Anti-Kickback Statute, DaVita paid $400 million to settle the case. At the time, this case represented the largest stand-alone kickback settlement to date.