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DK Coding Advisory
Note! If You Market Your Care Around Medical Equipment,

Make Sure to Review the "Scooter Store" Case

A copy of this Advisory
can be accessed though ProviderPRO.net
www.providerpro.net > Public

First Published: 05-24-07

    

Last Revised: 05-24-07

    

Legal Notice

Drafted by: DK Coding
(President: David Klein, CPC, CHC)
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Recently, the United States Department of Justice (USDOJ) announced a settlement with the Scooter Store, Inc. The settlement was based on allegations that the Scooter Store had violated the civil False Claims Act and had defrauded the United States.

According to a May 11, 2007 USDOJ press release, the United States had "alleged that The Scooter Store engaged in a multi-media advertising campaign to entice beneficiaries to obtain power scooters…. Instead of the 'zippy' power scooters that were advertised, The Scooter Store sold the beneficiaries expensive power wheelchairs that they did not want, need, and/or could not use." The release also reported that "[m]any beneficiaries had no idea what kind of equipment they were getting, until it was delivered by the Scooter Store."

As part of the settlement, the Scooter Store will pay $4 million to the United States and will also give up more than $43 million in claims outstanding with Medicare. The settlement also entails a statutory award of $3,228,251 to a former employee who apparently had filed a lawsuit as a "whistleblower" against the Scooter Store under the False Claims whistleblower provisions.

A copy of the USDOJ press release is available at http://www.usdoj.gov/opa/pr/2007/May/07_civ_344.html.

Legal Notice (Rev. 05-01-07): This Legal Notice ("Agreement"), Located Online at http://www.providerlaw.com/legal_notice.php and Accessible Through Various Menu Options, Contains the Basic Terms Associated with All Resources Of, and Agreements With, ProviderLAW as Well as with Designated Resources of Ancillary Entities. You Are Responsible for Reading These Terms Carefully as a Condition of Using this Web Site, as Well as of Purchasing, Using, and Relying Upon, ProviderLAW Resources. The Terms Include Without Limit the Terms of Subscription, Business Associate Agreement (To the Extent Required by Hipaa), Licensure of Multimedia Products, Conference Participation, Web Site Use, and Privacy, as Well as General Terms Common to Agreements. The Resources of ProviderLAW and/or of Other Ancillary Entities Do Not Constitute Legal Advice, Cannot Be Relied upon as Legal Advice, and Do Not Establish a Client-attorney Relationship. Such Resources Are Provided for Educational, Awareness, and Discussion Purposes Only and as Such, Are Provided Strictly as Samples or Illustrations. While ProviderLAW and Other Ancillary Entities May Be Able to Assist You in Finding an Attorney, Unless Otherwise Stated, ProviderLAW and Other Ancillary Entities Are Not Law Firms and Do Not Offer Legal Representation to Any Third-party. If You Have Questions of a Legal Nature, You Should Contact an Attorney at Law. "ProviderLAW," "ProviderLAW Corporation," and "ProviderPRO.net" are fictitious names of the ProviderLAW Knowledgebase, Inc., a Pennsylvania corporation.... [ Click Here for Terms ]