A neurosurgeon in Sugar Land has agreed to pay more than $2 million to settle allegations that he falsely charged Medicare and the federal government for surgical procedures that, in actuality, were not delivered.
In situations like these, having a skilled criminal defense attorney is crucial. Although Dr. Bindal chose to settle the claims, individuals facing similar fraud accusations can benefit significantly from the expertise of a dedicated defense attorney.
According to the United States Department of Justice and the U.S. Attorney’s Office for the Southern District of Texas, Sugar Land neurosurgeon Dr. Rajesh Bindal, who used the entity Texas Spine & Neurosurgery Center P.A. to conduct his medical practice, billed Medicare and the Federal Employees Health Benefits Program (FEHBP) for the surgical implantation of neurostimulator electrodes in patients between March 16, 2021, and April 22, 2022.
The Justice Department said such surgical procedures are invasive and customarily require the use of an operating room. Because of that distinction, Medicare and the FEHBP were charged thousands of dollars for each procedure.
However, according to allegations reported by the Justice Department, neither Bindal nor his staff actually performed such surgical procedures.
Instead, patients allegedly were provided devices that could be used for electro-acupuncture. This procedure involved only inserting a monofilament wire a few millimeters into a patient’s ear and then taping the device behind the ear with an adhesive.
A sales representative for the device or a physician’s assistant allegedly placed the devices for patients but billed the procedures as if they were far costlier surgeries.
No incisions were made on any patients, and all of the device placements occurred in Bindal’s clinic rather than at a hospital or surgical center where surgery is performed.
A majority of the patients even said the adhesive came loose and the device fell off on its own a few days after the procedure.
Federal authorities investigated
U.S. Attorney Alamdar S. Hamdani said the neurosurgeon, 53, has agreed to pay $2,095,946 to resolve the allegations that he submitted false claims for the placement of what turned out to be electro-acupuncture devices.
Hamdani said in a statement that a neurosurgeon “should know when he is and is not performing surgery.”
He added that even though neurosurgeons, according to one study, are the highest-paid physician specialists in the United States, the Sugar Land neurosurgeon “allegedly submitted false claims in an effort to further enrich himself.”
“To maintain the trust of the public in our federal health care system, it is imperative that medical professionals, such as neurosurgeons, bill accurately for the services provided. Otherwise, my office may get involved and seek to hold accountable anyone who violates that trust.”
Special Agent in Charge Jason E. Meadows of the Department of Health and Human Services-Office of Inspector General (DHHS-OIG) said that ensuring healthcare professionals are held accountable for submitting false claims to Medicare “is essential for preserving public trust and safeguarding critical resources.”
He said the Sugar Land neurosurgeon “not only submitted false claims to Medicare but also deceived our most vulnerable population.”
Special Agent in Charge Derek M. Holt of the Office of Personnel Management (OPM-OIG) said false claims “come at a cost not only to our federal health care programs but also to the members who rely on these programs for necessary care.”
The investigation was conducted by the U.S. Attorney’s Office along with DHHS-OIG and OPM-OIG. Handling the matter was Assistant U.S. Attorney Laura Collins.
Medicare fraud is a serious crime that can lead to prison
Though no criminal charges were carried out in this case, others who engage in Medicare fraud, healthcare fraud and the illegal purchase of medical information can face serious consequences in the legal arena, including prison sentences, high fines and high amounts to pay in restitution.
Similar to theft, embezzlement, bribery, or money laundering, Medicare and healthcare fraud are considered non-violent white-collar crimes.
Such crimes can carry penalties and punishments on the federal and state level which are just as severe as for crimes in which violence does occur.
If you’re accused of such a crime, consulting with a skilled healthcare fraud defense attorney is crucial to protect your rights and navigate the legal process.
For example, earlier this year, a Houston man was sentenced to serve 21 months in federal prison and ordered to pay $11 million in restitution after he was convicted of conspiracy to defraud the federal government.
The man originally faced five federal fraud charges, including wire fraud, bank fraud, conspiracy and monetary transactions in criminally derived property. Thanks to a plea deal arranged by his attorney, all charges but one were dropped in exchange for his pleading guilty to the conspiracy charge.
Along with his prison sentence, he also was ordered to serve three years of supervised release or probation, after his release from prison.
Get an experienced Medicare or healthcare fraud defense attorney
Understand your rights
Fraud cases can be extremely complicated, and being accused doesn’t necessarily mean you’re guilty.
Everyone facing a claim, allegation, or charge of fraud—or any white-collar crime—is constitutionally entitled to due process. This means you have the right to your day in court and are considered innocent until proven guilty.
Act quickly to protect yourself
If you or a loved one in the Houston area is facing accusations of fraud or any other white-collar criminal offense, it’s vital to engage a skilled Houston criminal defense attorney.
Early legal intervention can significantly impact the outcome of your case.
Why choose Neal Davis Law Firm
Residents of Sugar Land, Katy, The Woodlands, Conroe, Houston, or anywhere in Fort Bend County, Montgomery County, or Harris County are encouraged to contact the award-winning, Houston-based Neal Davis Law Firm.
We offer confidential consultations to help determine the best course of action for your situation.
How we can help
Depending on your case, our defense attorneys may be able to:
- Negotiate to have charges reduced or dropped entirely
- Reach a plea deal to avoid the need for a trial
- Vigorously defend you in court if a trial is necessary
Take the first step today
Contact us today to explore your legal options in a fraud case or any other white-collar crime. Our law firm has been honored and recognized for defending the legal rights of those accused of white-collar offenses. Let us put our expertise to work for you.