Jade Malay, FNP, DC, Apex Physical Medicine, and Malay Medical Management Agreed to Be Excluded for 10 Years for Causing the Submission of False Claims for Neuro-Stimulators

On December 10, 2021, in connection with the resolution of their False Claims Act liability, Jade Malay FNP, DC (Malay), Apex Physical Medicine, P.A. (Apex), and Malay Medical Management, Inc. (MMM), (collectively, “the Malay Group”), Plano, Texas, agreed to be excluded under 42 U.S.C. 1320a-7(b)(7) for 10 years.  The investigation revealed and OIG alleged that the Malay Group submitted claims to Medicare 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, despite only providing patients with auricular electro-acupuncture devices (EAD). The Malay Group did not perform surgery and did not implant anything into patients’ bodies.  To apply the EADs, needles were inserted into patients’ ears and the device was taped behind their ears with an adhesive.  Medicare does not reimburse for EADs as neurostimulators and during this time period did not reimburse for acupuncture.  Senior Counsel Katie Fink represented OIG.

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