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United States Files Suit Against UPMC, Its Physician Practice Group, and the Chair of Its Department

PITTSBURGH, PA – The United States has filed a complaint under the False Claims Act against the University of Pittsburgh Medical Center (UPMC), University of Pittsburgh Physicians, and James Luketich, M.D., in the U.S. District Court for the Western District of Pennsylvania, Acting U.S. Attorney Stephen R. Kaufman announced today. The United States’ complaint – which was based on a two-year investigation into allegations originally brought by a former UPMC physician under the False Claims Act’s whistleblower provisions – alleges that the defendants knowingly submitted hundreds of materially false claims for payment to Medicare, Medicaid, and other government health benefit programs over the past six years.

More specifically, the complaint alleges that Dr. Luketich – the longtime chair of UPMC’s Department of Cardiothoracic Surgery – regularly performs as many as three, complex surgical procedures at the same time, fails to participate in all of the “key and critical” portions of his surgeries, and forces his patients to endure hours of medically unnecessary anesthesia time, as he moves between operating rooms and attends to other patients or matters. According to the United States’ complaint, these practices violate the statutes and regulations governing the defendants, including those that prohibit “teaching physicians” (like Dr. Luketich) from performing and billing the United States for “concurrent surgeries.” As importantly, the United States’ complaint alleges that Dr. Luketich’s practices violate the standard of care and the patients’ trust, and heighten the risk of serious complications.

“The laws prohibiting ‘concurrent surgeries’ are in place for a reason: to protect patients and ensure they receive appropriate and focused medical care,” said Acting U.S. Attorney Kaufman. “Our office will take decisive action against any medical providers who violate those laws, and risk harm to Medicare and Medicaid beneficiaries.”

“When physicians and other healthcare providers put financial gain above patient well-being and honest billing of government healthcare programs, they violate the basic trust the public extends to medical professionals,” said Special Agent in Charge Maureen R. Dixon of the HHS-OIG Philadelphia Regional Office. “Our agency, working closely with our law enforcement partners, will continue to thoroughly investigate such healthcare fraud allegations to protect the health of patients and the integrity of taxpayer-supported programs serving them.”

“Doctors take an oath to uphold the highest levels of ethical standards and care,” said FBI Pittsburgh Special Agent in Charge Mike Nordwall. “The allegations set forth today violate those ethics, painting a picture of fraud and deception. The FBI will continue to investigate fraud in our health care system and hold those accountable to face the consequences of their actions.”

The False Claims Act is one of the most powerful tools in the United States’ continued efforts to combat healthcare fraud. The Act’s whistleblower (or “qui tam”) provisions authorize private parties to sue on behalf of the United States for false claims and share in any recovery, and permit the United States to intervene and take over the lawsuit, either in its entirety, or in part (as it did here). 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 800 HHS TIPS (800-447-8477).

This matter was investigated by the U.S. Attorney’s Office for the Western District of Pennsylvania, the U.S.

Department of Health and Human Services Office of Inspector General, and the Federal Bureau of Investigation, in conjunction with the Department of Defense Office of Inspector General, the Drug Enforcement Administration, Internal Revenue Service – Criminal Investigation, Department of Veterans Affairs Office of Inspector General, and the Pennsylvania’s Office of the Attorney General.

The case is captioned United States of America ex rel. Jonathan D’Cunha, M.D. v. James Luketich. et al., No. 19-cv-495 (W.D. Pa.). The claims asserted against defendants are allegations only and there has been no determination of liability.

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