Mark Kaiser and Doc Solutions Agreed to Be Excluded for 20 Years for Causing the Submission of False Claims for Neuro-Stimulators

On June 1, 2020, in connection with the resolution of their False Claims Act liability, Mark Kaiser (Kaiser), Bradenton, Florida and Doc Solutions LLC (Doc Solutions), Indiana, agreed to be excluded under 42 U.S.C. 1320a-7(b)(7) for twenty years. The government alleged that Kaiser and Doc Solutions falsely represented to health care providers that it was appropriate to submit claims to Medicare for reimbursement: (a) for the Stivax device by submitting Healthcare Common Procedure Coding System (HCPCS) codes, including L8679; and (b) for the medical practitioner’s services applying the Stivax device by submitting a variety of Current Procedural Terminology (CPT) codes. However, the HCPCS and CPT codes that Kaiser and Doc Solutions promoted were at all times intended to reimburse for materials and services related to surgically implanted neuro-stimulators that are implanted under the skin by a surgeon in a surgical setting. The Stivax device is not an implantable neurostimulator and is instead an electro-acupuncture device that is applied to patients’ ears without anesthesia in a medical office setting. Medicare does not reimburse for electro-acupuncture devices and related services. Senior Counsel Katie Fink represented OIG.

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