Becker's Spine Review

Becker's Spine Review July/Aug 2015

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12 Becker's ASC 22nd Annual Meeting - The Business and Operations of ASCs – Call (800) 417-2035 Hospitals Face 4 Lawsuits in Connection With Unnecessary Spine Surgeries Case — 6 Things to Know By Laura Dyrda Dr. Aria Sabit Pleads Guilty to Unnecessary Spine Surgery, Faces 11+ Years in Prison — 5 Things to Know By Laura Dyrda T here are now four lawsuits against UC Health system hospitals Cin- cinnati Children's Hospital Medical Center and West Chester Hospi- tal in connection with spine surgeon Atiq Durrani, MD, according to a Cincinnati Business Courier report. Here are six things to know about the suits: 1. e most recent lawsuit was filed against the hospital on May 29 by Deters Law Firm, which also represents more than 500 plaintiffs in a separate lawsuit against Dr. Durrani. e lawsuit against Dr. Durrani alleges he performed medically unnecessary procedures. 2. e lawsuits against the hospitals claim the hospitals knew Dr. Durrani was using devices improperly and didn't intervene, according to the report. Dr. Durrani has been indicted on 46 federal charges associ- ated with both clinical and billing issues. He pleaded not guilty to the charges in 2013, but fled the country before standing trial last year. 3. Dr. Durrani allegedly used the rhBMP-2 product InFuse in patients younger than 18 years old without the metallic cage at both hospitals, and the two new suits allege the hospitals knowingly allowed the pro- cedures. e two hospitals are accused of fraud, negligence, violating the Ohio Consumer Sales Protection Act and negligent credentialing for Dr. Durrani. 4. e lawsuits seek damages ranging from injuries and punitive damages to costs and attorneys fees. 5. e lawsuit also claims Dr. Durrani allegedly used PureGen outside of the approved clinical trials and the hospitals failed to stop them. Dr. Durrani allegedly had a 40 percent ownership stake in the company providing PureGen. 6. A separate suit field in Butler County alleges the hospitals did not con- duct a peer review of Dr. Durrani despite 500 triggers for review being recorded and the hospitals allowed him to perform several surgeries while suspended. He also allegedly performed multiple surgeries at the same time and was allowed to turn in dictation about surgeries late, according to the report. n A ria Sabit, MD, a neurosurgeon formerly practicing in Michigan and California, pled guilty to performing unnecessary spine surgery and billing insurance companies and the government unlawfully, according to a Detroit Free Press report. Here are five things to know: 1. Dr. Sabit pled guilty to two cases where he convinced patients to undergo spinal fu- sions with devices he hadn't used, but billed for. He also admitted to billing for implants when he used tissue instead during his pro- cedures. 2. e U.S. Attorney's Office reported Dr. Sabit billed insurance companies and the government $11 million unlawfully. 3. Dr. Sabit has a history of issues; since 2011, he pled guilty to four counts of healthcare fraud, one count of conspiracy to commit healthcare fraud and one count of unlaw- fully distributing a controlled substance. 4. He faces nine to 11-plus years in prison un- der the terms of his plea agreement. 5. Before moving to Michigan in 2011, Dr. Sabit practiced in California and was also involved in a physician-owned distributor- ship that paid illegal kickbacks tied to the volume and complexity of surgeries the physician owners performed. e Depart- ment of Justice in California brought two civil False Claims Act cases against him, which Dr. Sabit still faces. He was previously detained aer attempting to fly to Dubai in September when the billing fraud charges came to light. He was born in Afghanistan but obtained United States citizenship last year. n SAVE THE DATE October 22 - 24, 2015 • Swissôtel - Chicago, Illinois learn more & register at https://www.regonline.com/22ndAnnualASC Becker's ASC 22nd Annual Meeting The Business and Operations of ASCs

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