Dr. Anthony Cruse Agreed to Be Excluded for 10 Years for Receiving Improper Remuneration

Effective November 9, 2020, Anthony L. Cruse, D.O., Oklahoma City, Oklahoma, agreed to be excluded under 42 U.S.C. 1320a-7(b)(7) for 10 years. The investigation revealed and OIG alleged that Dr. Cruse knowingly received, or caused other physicians in Southwest Orthopaedic Specialists, PLLC (SOS) to receive, improper remuneration from Orthopaedic & Multispecialty Surgery, LLC (OCOM) in exchange for referrals, in violation of the anti-kickback statute, in the form of: (1) free or below-fair market value office space, employees, and supplies; (2) compensation in excess of fair market value for the services furnished by SOS and Cruse; (3) buyback provisions and payments for Dr. Cruse and other SOS physicians in their OCOM equity that were above fair market value; and (4) preferential investment opportunities in connection with the provision of anesthesia services at OCOM by Anesthesia Partners of Oklahoma, LLC. OIG also alleged that Dr. Cruse engaged in conduct that did not satisfy the requirements of an applicable exception to the physician self-referral law, because Dr. Cruse and SOS were: (1) compensated by OCOM in the form of below fair market value office space, employees, and supplies; and (2) compensated by OCOM above fair market value for services furnished by SOS and Dr. Cruse. Dr. Cruse and SOS made referrals to OCOM for designated health services, resulting in OCOM’s submission of claims to Medicare for payment for such designated health services. Senior Counsel Karen Glassman represented OIG.

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