By Daniel Seiden 2020-09-25T09:36:07000-04:00

• NYC Health and Hospital Corp. agrees to FCA settlement
• Billing for graduate medical education costs alleged

The New York City Health and Hospital Corp. and a podiatrist will pay $1.25 million to settle claims they violated the False Claims Act by improperly billing Medicare and Medicaid for hospital and professional services at Coney Island Hospital in Brooklyn,  a  whistleblower’s  attorneys announced.

Whistleblower Irina Gelman, a podiatrist who filed her FCA suit in 2012, alleged that the   defendants improperly submitted to the federal government claims for graduate medical education costs relating to the podiatric residents at the hospital, a Thursday press release said.

She also said defendants billed the government for services provided by podiatry residents that lacked a residency permit required by New York law, among other allegations, according to the announcement.

The defendants deny they engaged in wrongdoing and don’t admit liability, the settlement agreement says.

Judge Raymond J. Dearie of the U.S. District Court for the Eastern District of New York signed the settlement agreement Sept. 23.

Farrell Fritz P.C., Kaiser Law Firm PLLC, and Weiss Zarett Brofman Sonnenklar & Levy P.C. represented the whistleblower. Katten Muchin and Rosenman LLP and the Law Office of Keir N. Dougall P.C. represented the defendants.

The case is United States ex rel. Gelman v. Donovan , E.D.N.Y., No. 12-5142, settlement 9/23/20.

To contact the reporter on this story: Daniel Seiden in Washington at [email protected]

To contact the editors responsible for this story: Rob Tricchinelli at [email protected]; Patrick L. Gregory at [email protected]