Daniel Hurt, Landmark Diagnostics, Fountain Healthcare Services, First Choice Laboratory, and Sonoran Desert Pathology Associates Agreed to Be Excluded for 70 Years for Allegedly Submitting False Claims and Paying Improper Remuneration

On May 7, 2024, in connection with the resolution of their False Claims Act liability, Daniel M. Hurt (Hurt), Florida, and Landmark Diagnostics, LLC; Fountain Healthcare Services, LLC; First Choice Laboratory, LLC; Sonoran Desert Pathology Associates, LLC (collectively, ôthe Hurt Entitiesö), agreed to be excluded for 70 years.á Hurt agreed to be excluded under 42 U.S.C. 1320a-7(a)(1) and 42 U.S.C. 1320a-7(b)(7). The Hurt Entities, which were operated and owned, in whole or in part, by Hurt, agreed to be excluded under 42 U.S.C. 1320a-7(b)(7) and 42 U.S.C. 1320a-7(b)(8). The investigation revealed and OIG alleged that Hurt and the Hurt Entities submitted or caused the submission of false claims to Medicare for cancer genomic tests that were not medically necessary and were procured through kickbacks to marketers and marketing companies, reference laboratories, and telemedicine providers. OIG further alleged that Fountain Healthcare Services, LLC caused the submission of false claims to Medicare by causing a medical center to exceed the 30% cap on use of reference laboratories and to omit the required modifier indicating the use of reference laboratories on its claims to Medicare. Senior Counsel Karen Glassman represented OIG.

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