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Texas Doctor and Medical Practice Enters Settlement Agreement with OIG on Kickback Allegations

Dr. Victor Van Phan - a Houston, TX orthopedist, and his orthopedic practice Victor Van Phan, D.O., P.A. - entered into a settlement agreement with the Office of Inspector General (OIG) for the U.S. Department of Health and Human Services, effective August 28, 2013. The $188,000 settlement resolves allegations that Dr. Van Phan and his practice received remuneration from Jack L. Baker, MD and Fairmont Diagnostic Center and Open MRI, Inc. (Fairmont), an imaging facility in Houston, TX, in the form of compensation from personal services agreements and employment compensation for Dr. Phan to serve as a Medical Director for Fairmont. OIG alleged that these financial arrangements took into account the value and volume of referrals made to Fairmont by Dr. Van Phan and his practice. Senior Counsels Kristen Schwendinger and Robert M. Penezic represented OIG.

Action Details

  • Date:August 28, 2013
  • Enforcement Types:
    • CMP and Affirmative Exclusions