Dr. Emad Bishai and Woodlands Pain Institute Agreed to Be Excluded for 7 Years for Causing the Submission of False Claims for Neuro-Stimulators

On November 8, 2021, in connection with the resolution of their False Claims Act liability, Dr. Emad Bishai (Dr. Bishai) and Woodlands Pain Institute PLLC (Woodlands Pain), The Woodlands, Texas, agreed to be excluded under 42 U.S.C. 1320a-7(b)(7) for 7 years.  The investigation revealed and OIG alleged that Dr. Bishai and Woodlands Pain submitted claims to Medicare and TRICARE under Healthcare Common Procedure Coding System code L8679, which is designed for “implantable neurostimulator, pulse generator devices” that a surgeon implants into a patient typically in an operating room. Dr. Bishai and his staff did not perform surgery and did not implant anything into patients’ bodies.  Instead, the underlying services for which L8679 claims were submitted involved the application of devices used for electro-acupuncture.  To apply the electro-acupuncture devices, needles were inserted into patients’ ears and the neurostimulator was taped behind their ears with an adhesive.  Medicare and TRICARE do not reimburse for electro-acupuncture devices as neurostimulators and during this time period did not reimburse for acupuncture.  Senior Counsel Katie Fink represented OIG.

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