Hearing Assistive Devices
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- Government Actions:Government Action: BBB reports on known government actions involving business’ marketplace conduct:Oviatt Hearing and Balance, LLC Settlement with U.S. Attorney's Office, Northern District of New York
The following describes a government action that has been resolved by either a settlement or a decision by a court or administrative agency. If the matter is being appealed, it will be noted below.
On December 11, 2018, Oviatt Hearing and Balance, LLC (Oviatt) entered into a settlement with the U.S. Attorney's Office, Northern District of New York. Oviatt (which operates audiology practices on Syracuse, Camillus, Manlius, and Oswego, NY) agreed to pay $566,263.08 to resolve allegations that the company violated the False Claims Act by falsely billing the federal government for services rendered by unlicensed individuals and by inappropriately providing gift cards and other inducements to Medicare and TRICARE beneficiaries.
The settlement resolves allegations that Oviatt violated the False Claims Act in two respects. First, Oviatt allowed unlicensed individuals, while working alone with no licensed audiologist or other qualified provider onsite, to perform audiology examinations on federal health care program beneficiaries. Oviatt then submitted claims for payment for those examinations to Medicare and TRICARE, which falsely identified licensed audiologists as the rendering providers. Second, Oviatt offered and provided kickbacks in the form of improper inducements to federal health care program beneficiaries so that they would come to Oviatt where services billable to the federal government were available. The inducements included entering beneficiaries into a contest for a free iPad, and offering beneficiaries free Butterball turkeys, $15 Visa gift cards, $15 Dunkin Donuts gift cards, and $30 Omaha Steaks gift cards.
As part of the settlement, Oviatt admitted that: “(i) on various occasions from July 2011 through January 2018, Oviatt offered and provided improper inducements in the form of gift cards, gift checks, iPads, and similar promotions to Federal health care program beneficiaries, and (ii) on various days from January 2016 through November 2016, Oviatt allowed two unlicensed individuals, who were alone in the office and unsupervised, to perform audiology tests on Federal health care program beneficiaries and then Oviatt billed those services to Medicare and TRICARE as though they had been rendered by a licensed provider."
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