The U.S. Justice Department recently joined part of a whistle-blower lawsuit alleging that the Mayo Clinic violated the False Claims Act by failing to create and retain permanent histopathology slides from tissue specimens. According to a lawsuit filed by lawyer David Ketroser, M.D., in 2007 and recently unsealed, the Rochester, Minn.-based system routinely billed Medicare and Medicaid for the creation and examination of permanent section slides never actually performed. The government intends to file its own version of that allegation in its own complaint before year-end, according to a court filing. “Upon discovering a billing error in 2007, Mayo corrected it and voluntarily refunded $242,711 to the federal government,” Mayo spokesman Bryan Anderson said in a written statement. “The error was identified and corrected long before Mayo became aware that a sealed complaint had been filed and well before Mayo was notified that the Department of Justice was evaluating whether to become involved in the complaint.” The Justice Department declined, meanwhile, to join lawsuits in two related allegations: that the Mayo Clinic's lab improperly obtained accreditation and failed to retain histopathology slides as required for participation in federal health programs.
Feds join whistle-blower lawsuit against Mayo
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