By Khalida Sarwari
A pair of Saratoga residents who own and operate Bay Sleep Clinic are being accused of defrauding the government by submitting false claims for Medicare.
Earlier this month, the U.S. joined a “whistleblower action” against Anooshiravan Mostowfipour, 57, and Tara Nader, 56. The lawsuit is pending in the Northern District of California.
According to U.S. Attorney Melinda Haag and U.S. Department of Health and Human Services special agent in charge, Ivan Negroni, the pair are being accused of fraudulently billing the Medicare program for diagnostic sleep tests. They own Qualium Corporation, which operates 14 Bay Sleep Clinic locations, including sites in San Jose and Los Gatos, as well as Amerimed Corporation, which distributes durable medical equipment under the name Amerimed SleepDiagnostics.
The lawsuit alleges that Mostowfipour and Nader billed Medicare for tests that were conducted at unapproved locations and performed by unqualified technicians, according to the Department of Justice.
The government also alleges that the pair fraudulently billed Medicare for medical devices that violate Medicare regulations prohibiting diagnostic sleep test providers from supplying medical devices and sharing a sleep laboratory location with a durable medical equipment supplier, according to the DOJ.
Elma Dresser, a former employee of Mostowfipour and Nader’s, filed the lawsuit in April 2012 under the “qui tam” provisions of the False Claims Act. This means that she, as the plaintiff, provided the government information about the wrongdoing and if the government successfully resolves or litigates its claims, she can receive 15 to 25 percent of the amount recovered. According to Abraham Simmons, a spokesman for the U.S. Attorney’s Office, the parties have until the end of September to decide how to litigate the case.
The investigation was conducted by the U.S. Attorney’s Office for the Northern District of California and the Office of Inspector General of the Department of Health and Human Services.
Link: Saratoga residents accused of submitting false Medicare claims
