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Justice News

Department of Justice
U.S. Attorney’s Office
Eastern District of Pennsylvania

Thursday, June 15, 2017

Magdiel Garcia and MAK Healthcare PC, d/b/a Multicare Plus Agree to Settlement for Stark Law Violations

The United States announces that it has settled claims under the False Claims Act with Magdiel Garcia and MAK Healthcare PC d/b/a Multicare Plus for improperly billing Medicare in violation of the Stark Law prohibition against self-referrals.

The Stark Law, 42 U.S.C. § 1395nn, prevents a medical provider from referring patients to a medical facility in which the provider has a financial interest. Such referrals encourage over-utilization of medical services and drive up health care costs, and are prohibited.

The United States alleges that Magdiel Garcia and the medical providers who were employed by him improperly referred Medicare beneficiaries for services and equipment to MAK Healthcare PC, the Durable Medical Equipment (DME) company owned by Magdiel Garcia. The United States alleges that these improper self-referrals violated the Stark Law and resulted in false claims being submitted to the United States for payment.

The settlement covers claims submitted between January 2010 and December 23, 2013. Magdiel Garcia and MAK Healthcare PC have agreed to pay to the United States $225,000.00 to settle this matter.

This matter was handled by Department Health and Human Services Office of the Inspector General, including Attorney Katherine Matos and Investigator Mark Pascua and Assistant United States Attorney Susan Dein Bricklin.


Updated October 6, 2017