Connecticut Dentists Pay $498K to Settle False Claims Allegations

Vanessa United States Attorney for the District of Connecticut, and William Tong, Connecticut Attorney General, today announced that BOHUN CHOI, DDS and MICHONG SON, DDS, and their businesses, C&S FAMILY DENTAL NEW BRITAIN, LLC, and C&S FAMILY DENTAL WATERBURY, LLC, have entered into a civil settlement agreement with the federal and state governments and will pay more than $498,000 to resolve allegations that they violated the federal and state False Claims Acts.

Choi and Son are both licensed to practice dentistry in Connecticut. Choi, Son, C&S Family Dental New Britain (“C&S New Britain”) and C&S Family Dental Waterbury (“C&S Waterbury”) are enrolled as dental providers in the Connecticut Medical Assistance Program (“CTMAP”), which includes the state’s Medicaid program.

It is alleged that, in violation of their CTMAP provider agreements and the federal Anti-Kickback Statute, C&S New Britain, C&S Waterbury, Choi, and Son submitted claims to the CTMAP related to dental services rendered to Connecticut Medicaid patients referred to C&S New Britain and C&S Waterbury by a third-party “patient recruiting” company.  Specifically, the federal and state governments alleged that C&S New Britain, C&S Waterbury, Choi, or Son paid a patient recruiter $110 for each Connecticut Medicaid patient the recruiter referred to them whenever the patient received services over and above routine preventative care, such as dental cleanings and exams, and submitted claims for dental services rendered to those patients.  With each submitted claim, they impliedly certified that the conditions of receiving payment were met, including, but not limited to, that they did not pay kickbacks or violate any terms or provisions of the Connecticut Dental Health Partnership (“CTDHP”) provider manual concerning the submitted claim.

The CTDHP provider manual, which is an addendum to both the CTMAP provider agreement and the CTMAP provider manual, expressly prohibits per-patient compensation for individuals referred to CMAP providers.

To resolve the allegations under the federal and state False Claims Acts, C&S New Britain, C&S Waterbury, Choi, and Son agreed to pay $498,310 to reimburse the Medicaid program for conduct occurring from April 1, 2018, through January 12, 2020.

Under the False Claims Act, the government can recover up to three times its actual damages, plus penalties of $13,946 to $27,894 for each false claim.

This case stems from a larger investigation into fraudulent activity by health care providers who submit kickback-tainted claims to the CTMAP for services rendered to Connecticut Medicaid patients referred by third-party patient recruiting companies.

This investigation was conducted by the Federal Bureau of Investigation; the U.S. Department of Health and Human Services, Office of the Inspector General; the Connecticut Attorney General’s Office; and the Connecticut Department of Social Services.  The case was handled by Assistant U.S. Attorney Anne Thidemann, and Assistant Attorney General Joshua L. Jackson of the Connecticut Office of the Attorney General.

People who suspect health care fraud are encouraged to report it by calling 1-800-HHS-TIPS.