AUSA VICKIE E. LEDUC at 410-209-4885

MAY 8, 2006

PODIATRIST AGREES TO BE EXCLUDED FROM PARTICIPATION IN ALL FEDERAL HEALTH INSURANCE PROGRAMS FOR 10 YEARS AND PAY $326,570 TO SETTLE FALSE BILLINGS CLAIMS

Baltimore, Maryland - Stuart Aiken, D.P.M., age 51, a podiatrist practicing in Olney, Maryland, has agreed to be excluded from participation in Medicare, Medicaid and all other federal health care programs for 10 years and to pay the government $326,570 for violations of the False Claims Act arising from false claims that Aiken submitted to Medicare, announced United States Attorney for the District of Maryland Rod J. Rosenstein.

United States Attorney Rod J. Rosenstein said, “Medical professionals who file false claims for federal health benefits must be held accountable for their fraudulent conduct. This settlement allows us to recover money under the False Claims Act and protect the integrity of the federal health care program by excluding a doctor who defrauded the system.”

According to the Settlement Agreement, from January 2000 to April 2004 Aiken billed Medicare for incision and drainage of abscesses and debridements of the skin and tissue even though such services were not performed. Aiken fabricated progress notes in the patient’s charts and fabricated diagnosis codes in an effort to have the records and diagnoses correspond to the services billed so that he could get paid. Additionally, Aiken billed for services that were non-covered and upcoded, or billed a higher reimbursable CPT code than the services actually provided.

Enacted during the Civil War, the False Claims Act is the government’s primary civil tool to combat fraud and abuse in federal programs and procurement. The Act allows the government to recover triple the amount of its actual damages, plus a civil penalty of $5,500 to $11,000 for each false claim.

United States Attorney Rod J. Rosenstein commended the investigative work performed by the Department of Health and Human Services - Office of Inspector General. Mr. Rosenstein also thanked Assistant U.S. Attorney Thomas F. Corcoran, who handled the case.