New Jersey, along with New York and Georgia, has taken legal action against a group of medical centers, accusing them of performing unnecessary surgeries and defrauding Medicare and Medicaid, according to Attorney General Matthew J. Platkin.
The civil complaint targets Fresenius Vascular Care (FVC), its New York-based executive, Dr. Gregg Miller, and several affiliates. The suit alleges that FVC regularly scheduled appointments for end-stage renal disease (ESRD) patients every few months, administering sedation and performing invasive procedures on their veins and arteries. These surgeries, while unnecessary, posed significant risks to vulnerable patients.
Moreover, FVC’s own research reportedly indicated that these “monitoring” surgeries didn’t benefit ESRD patients and could even harm their ability to receive essential dialysis treatment. Attorney General Platkin condemned this alleged misconduct, stating that greed drove these defendants to exploit taxpayers and put patients’ lives in jeopardy.
The lawsuit accuses the defendants of violating the New Jersey False Claims Act, as well as state laws in New York and Georgia. The joint filing by the attorneys general of these three states occurred in federal court in Brooklyn, New York. Several New Jersey entities are implicated, including Image Guided Surgery & Aesthetics, Access Care Physicians of NJ, Azura Surgery Center, and New Jersey Interventional Associates.
The complaint alleges that FVC intentionally subjected patients, including elderly individuals, people of color, and low-income individuals, to invasive and unnecessary procedures to boost revenue. Medical directors were allegedly trained to prioritize revenue over patient well-being.
The lawsuit also claims that FVC falsified patient referrals, ignored medical records, and manipulated diagnostic reports to justify billing for repeated procedures, such as fistulagrams and angioplasties. FVC allegedly orchestrated a cycle of “clinically timed evaluations” that forced patients into these procedures every few months, despite the substantial risks involved.
FVC purportedly pressured its providers to participate in this scheme, even creating contests to incentivize staff to maximize procedure numbers and pushing back against doctors who questioned its necessity.
This legal action follows a joint investigation involving the U.S. Attorney’s Office for the Eastern District of New York and the National Association of Medicaid Fraud Control Units. The case was initiated by two doctors representing 16 additional states pursuing claims under their respective false claims acts.
