South Carolina Laboratory Pleads Guilty and Agrees to Pay At Least $6.8M to Settle Allegations of Kickbacks to Doctors

Clinical laboratory LTD Holding LLC, formerly known as Labtech Diagnostics LLC (Labtech), of Anderson, South Carolina, and its founder and CEO Joseph Labash, of the United Arab Emirates, have agreed to pay at least $6.8 million to the United States to resolve False Claims Act allegations involving illegal kickbacks to doctors. With this settlement, the Department of Justice has secured over $11.5 million in civil False Claims Act settlements relating to Labtech, including recoveries from nine doctors.

In addition to the civil settlement, Labtech has agreed to plead guilty to five counts of offering and paying health care kickbacks in violation of the Anti-Kickback Statute, Title 42, United States Code, Sections 1320a-7b(b)(2)(A) and (B). Pursuant to the terms of the plea agreement in the criminal matter, Labtech will pay $103,551.90 in restitution, in addition to the civil recoveries above.

“Patients trust doctors to exercise their unbiased medical judgment in ordering clinical testing,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “Companies and executives who pay illegal kickbacks to referring doctors corrupt those doctors’ independence, leaving patients vulnerable to expensive and unnecessary testing.”

“Every dollar spent, and every decision made in health care must prioritize the patient’s wellbeing and care,” said U.S. Attorney Bryan Stirling for the District of South Carolina. “We will continue to work with our partners to pursue those engaged in illegal kickback schemes and hold them accountable.”

“This settlement reaffirms the FBI’s unwavering commitment to investigating fraud and holding accountable anyone who seeks to undermine our healthcare system,” said Special Agent in Charge Kevin Moore of the FBI Columbia Field Office. “The public deserves complete confidence in the integrity of medical practices, and the FBI — alongside our law enforcement partners—will continue to ensure fairness and integrity of healthcare for all citizens.”

“When medical decisions are bought and sold, patients suffer and public trust erodes,” said Deputy Inspector General for Investigations Christian J. Schrank of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG). “Kickback schemes like this violate the core of federal healthcare programs, and HHS-OIG will continue to relentlessly pursue anyone who exploits these programs and hold them fully accountable for their actions.”

“When corrupt companies entice health care providers with kickbacks, it threatens patient care and degrades federal health care programs, such as TRICARE,” said Special Agent in Charge Christopher Dillard, Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS), Mid-Atlantic Field Office. “In coordination with our law enforcement partners, DCIS is committed to bringing to justice companies and individuals that engage in collusive financial relationships that defraud taxpayers and jeopardize the wellbeing of America’s warfighters.”

The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally funded healthcare programs. It is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients. Claims that are knowingly submitted in violation of the Anti-Kickback Statute are ineligible for payment and can violate the False Claims Act.

Under the settlement with the United States, Labtech and Labash have agreed to pay $6.8 million, plus up to an additional $3,271,536 if a financial contingency occurs. The settlement resolves allegations that Labtech and Labash knowingly and willfully paid five types of kickbacks to induce laboratory testing referrals. From August 2018 to November 2021, Labtech and Labash allegedly paid doctors kickbacks disguised in three ways — as purported office space rental, phlebotomy, and toxicology payments — to induce the doctors to order Labtech’s laboratory tests. In an attempt to cover up the kickbacks, Labtech and Labash allegedly hand-delivered money orders for some such payments; entered into contracts that falsely described the payments as being made for office space rental or phlebotomy or toxicology services; and falsified square footage and hours in “fraud and abuse” certification forms. In addition, the settlement resolves allegations that, from September to December 2016, Labtech and Labash arranged to pay a physician practice in Charlotte, North Carolina an inflated amount for used laboratory equipment to induce the healthcare provider to order Labtech’s testing. Lastly, from March 2018 to November 2021, Labtech and Labash allegedly provided a pain management practice in Landis, North Carolina with free services and supplies in connection with drug screen testing, in return for the practice referring its lucrative drug confirmation testing to Labtech.

The settlement resolves certain allegations in a lawsuit originally filed by relator Mahmod Altwam under the whistleblower provisions of the False Claims Act, which permit private parties to sue on behalf of the government when they believe that a defendant has submitted false claims for government funds and receive a share of any recovery. Relator will receive $1.36 million of the proceeds from the settlement. The qui tam case is captioned United States ex rel. Altwam v. Labtech Diagnostics LLC, et al., No. 8:21-cv-2844 (D.S.C.).

The civil settlement announced today was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the District of South Carolina, with assistance from HHS-OIG, DCIS, and the FBI. The civil matter was handled by Senior Trial Counsel Christopher Terranova in the Civil Division’s Commercial Litigation Branch, Fraud Section and Assistant U.S. Attorney Beth C. Warren for the District of South Carolina. The United States previously resolved allegations that healthcare providers in South Carolina, North Carolina, Texas, and Illinois received kickbacks to induce their laboratory referrals to Labtech.

The government’s pursuit of these matters illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 1-800-HHS-TIPS (800-447-8477).

Except to the extent that Labtech’s admissions are part of its criminal resolution, the claims resolved by the civil settlement are allegations only and there has been no determination of liability.