In 2007, continued the complain, Robinson billed Medicare for 512 of the first kind of service and 1,303 of the second kind, resulting in reimbursements of $70,624.46, for a 2007 total of more than $245,934. By 2011, alleged Harvey, those numbers exceeded $400,000.
“Robinson established a pattern of visiting each nursing home every four to six weeks, and examining all or nearly all of his patients within those homes each time he visited,” reads the complaint, which pointed to a patient of the former Britthaven nursing home in Somerset who was allegedly examined 61 times between January 2007 and December 2011, approximately once per month for five years.
“(The patient’s) primary diagnoses were typically redness of the eye or other external issues,” reads the suit, “With rare exception, the only plan of treatment indicated in AEC’s medical records for the sixty-one examinations Robinson provided to (the patient) is “monitor(ing).”
In addition to the alleged 11 dates on which Robinson purported to provide services to 100 or more nursing home patients, there are at least 271 other dates during the relevant time period on which the defendant claimed to provide services to 50 or more, according to the suit, which states that an optometrist like Robinson could typically be expected to treat only 30 such patients in an eight-hour day.
The suit claims that Robinson “knew or should have known ... that these optometric services were no medically reasonably or necessary,” and that likewise, AEC should have known the same, and that “related claims for payment misrepresented the necessity of the service.”
The suit claims that Medicare and Kentucky Medcaid paid AEC at least $987,475.78 during the relevant time period, and that defendants are liable to the United States for treble damages under the False Claims act in an amount to be determined at trial, plus a civil penalty of $5,500 to $11,000 for each false claim presented.
Jennifer L. Wintergerst, an attorney for AEC, reportedly told the Lexington Herald-Leader that the company and Robinson “vehemently dispute” the allegations, and that Robinson’s numbers are high because he is the only optometrist seeing patients in 10 different counties, many of them needing to be closely monitored because of age and health conditions.