Texas Wellness Clinic Agreed to Be Excluded for Five Years for Allegedly Submitting False Claims for Neuro-Stimulators

On December 21, 2023, in connection with the resolution of its False Claims Act liability, Texas Wellness Clinic, PLLC (Texas Wellness), Richmond, Texas, agreed to be excluded under 42 U.S.C. 1320a-7(b)(7) for five years. The investigation revealed and OIG alleged that Texas Wellness 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, despite only providing patients with auricular electro-acupuncture devices (EAD). Texas Wellness 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 and TRICARE do not reimburse for EADs as neurostimulators. Senior Counsel Katie Fink represented OIG.

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