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Melissa Robitaille, DPM and Atlantic Foot and Ankle Specialists Were Excluded for Defaulting on Payment Obligations

On June 10, 2022, OIG excluded Melissa Robitaille, DPM and Atlantic Foot and Ankle Specialists, P.C (collectively, “AFAS”), Richmond Hill, Georgia, for defaulting on their payment obligations under a Settlement Agreement (Agreement) with the Department of Justice and OIG.  AFAS previously entered into the Agreement for: (1) submitting claims using Modifier 25 to obtain Medicare and TRICARE reimbursement to which AFAS was not entitled; and (2) submitting claims using CPT Codes 20550 and 64450 to Medicare and TRICARE for injections or therapy that did not quality for payment under those CPT codes. The terms of the Agreement provided that AFAS would make an initial payment plus additional payments over a 30-month period.  On September 9, 2021, the United States Attorney’s Office (USAO) for the Southern District of Georgia issued a Notice of Default to AFAS for failure to make any payments since January 2021.  On May 24, 2022, after AFAS failed to cure their Default, the USAO filed a complaint in the United States District Court for the Southern District Georgia alleging breach of contract. The exclusion goes into effect immediately and will remain in effect until the OIG reinstates AFAS. In order to be eligible for reinstatement, AFAS must cure the Default of their payment obligations in the Agreement. Senior Counsel Karen Glassman represented OIG.

Action Details

  • Date:June 10, 2022
  • Enforcement Types:
    • CMP and Affirmative Exclusions