A case in Montana is alleging that a cancer doctor violated industry laws and hospital policies to boost his own income, leading to an 8-figure fine for the healthcare system he worked in.
False Claims Settlement
A non-profit healthcare system in Montana has agreed to pay $10.8 million as part of a settlement with the US Department of Justice after one of its doctors was accused of repeatedly violating the False Claims Act.
Another Lawsuit
The US Attorney’s Office announced the settlement agreement with St. Peter’s Health on Tuesday, at the same time as announcing a civil lawsuit against the doctor.
Illegal Activities
For years Dr. Thomas Weiner employed illegal tactics to boost his income while working as an oncologist at St. Peter’s Cancer Treatment Center in Helena, Montana. The center has since been renamed to Cancer Care Services.
Laundry List of Violations
Weiner repeatedly double-billed federal programs, falsified medical records, booked consultations more often than were needed, and prescribed painkillers and other medications to patients who did not need them.
For More Than 5 Years
This had gone on between Jan. 1, 2015, and Dec. 31, 2020, allowing Dr. Weiner to “increase his personal income, with little regard for the potential patient harm his conduct created,” according to documents.
Unusual Appointment Rates
During this time he reportedly saw as many as 70 patients a day at an average of 4 to 7 minutes per patient, according to his staff, despite the average number of daily appointments for an oncologist being just 15 or fewer.
Pursuing a Civil Case
Now, the DOJ is pursuing a civil case against the doctor over false health care claims and the improper prescribing of controlled substances.
Hospital in Trouble
The hospital was purported to be ignorant of Weiner’s actions until it was made aware that it had been submitting false claims to federal healthcare programs, all because it had relied on Dr. Weiner’s fraudulent documentation and certification.
Complying With the Investigation
The claims were immediately reported to federal authorities and St. Peter’s Health complied entirely with the ensuing federal investigation, according to U.S. Attorney Jesse Laslovich.
Also Liable
The hospital was also found liable for filing the false claims, regardless of whether they were aware of it, meaning it had directly violated the False Claims Act.
Taking Responsibility
“St. Peter’s is ultimately responsible for maintaining compliance with federal law, and our team has worked hard to ensure we have a much stronger compliance program in place today,” said Wade Johnson, CEO of St. Peter’s Health, in a statement on the settlement.
“Integrity Is Important to Us”
“Acting with integrity is important to us, so the decision to self-report in 2020 was made without hesitation,” he added.
30 Days to Pay
St. Peter’s Health has been given 30 days to pay the $10.8 million settlement to federal agencies affected by the false claims, including the Department of Health and Human Services, the Defense Health Agency, and several others.
“Reflective of the Extent of the Conduct”
“It’s a significant settlement, and it’s a large amount of money. And that’s not lost on any of us,” Laslovich said during a news conference in Helena. “But it’s reflective of the extent of the conduct we have alleged occurred here.”
False Claim Act
False claim laws were established to protect American taxpayers, as the claims draw funds directly from federal healthcare programs.
Dr. Weiner Claims Innocence
Meanwhile, Thomas Weiner has proclaimed his innocence and denied any wrongdoing during his time as an oncologist at St. Peter’s. He was fired by the hospital in 2020 but still maintains his medical license from the state Board of Medical Examiners.
Wrongful Termination Lawsuit
The disgraced doctor even filed a wrongful termination lawsuit against St. Peters, however, the Lewis and Clark County District Court sided with St. Peter’s and denied his motion for damages.
Confident He “Will be Exonerated”
According to Weiner’s attorney Deanne McClung, the doctor has asserted that the settlement and civil lawsuit against him “are the result of ongoing employment litigation,” and his legal team “are confident that when the evidence is presented, Dr. Weiner will be exonerated.”
Seeking Damages
The civil lawsuit for Weiner is seeking triple damages with added civil penalties for each individual false claim made. If the lawsuit is successful, he will be barred from prescribing controlled substances for five years.
Civil Over Criminal
Prosecutors on the case have not provided an indication of why they are seeking civil rather than criminal charges as they cannot comment on pending litigation.
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