The U.S. Department of Justice announced Aug. 17 that Dr. Yasin Khan, Dr. Elizabeth Khan, Dr. Dong Ko, the former Westfield Hospital in South Whitehall, plus Lehigh Valley Pain Management, will pay $690,441 to the federal government to resolve allegations they violated the False Claims Act by submitting false health care billings to Medicare, the Federal Employees Health Benefits and the U.S. Department of Labor’s Workers’ Compensation programs.

The allegations were filed in federal court in the Eastern District of Pennsylvania by whistle-blower Margaret Reynard under the False Claims Act, which allows private citizens to bring civil actions on behalf of the U.S. and share in any recovery.

Reynard will receive approximately $124,000 of the recovery.

Reynard alleged Drs. Khan and Dr. Ko submitted claims to receive reimbursement for services performed by non-physicians as “incident to” the services of supervising physicians when, in fact, supervising physicians were away from the office or otherwise incapable of supervising.

Billing services as “incident to” a physician’s supervision commands a higher reimbursement rate than billing those same services without physician supervision.

Because physicians were not available to provide supervision the government programs required, Reynard alleged Drs. Khan and Dr. Ko “incident to” billing was improper and resulted in false claims during July 1, 2007 through Dec. 31, 2013.

There has been no determination of civil liability and the settled civil claims are allegations only, according to the DOJ.

As part of the settlement agreement, the Drs. Khan and Dr. Ko also agreed or the next 30 months, they will not submit claims to federal payors for any services performed by non-physician providers under the rate for services rendered “incident to” the services of a physician, regardless of whether or not the claims could be billed properly in that manner.

This case was investigated by the U.S. Department of Health and Human Services Office of the Inspector General, the U.S. Office of Personnel Management Office of the Inspector General, the U.S. Postal Service Office of the Inspector General, and the U.S. Department of Labor Office of the Inspector General.

Drs. Khan and Dr. Ko are now affiliated with Comprehensive Pain Centers, with offices in Allentown, Bangor, Hazelton, Lehighton, Pottsville, Reading and Stroudsburg.