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Indian American Doctors Indicted for Kickback Conspiracy

HOUSTON(TIP): Two Indian doctors from Northeast Ohio and two drug company salesmen were indicted in federal court for their roles in a kickback conspiracy in which the doctors allegedly received money and other things of value in exchange for writing prescriptions of Nuedexta for patients that did not have the condition.

Named in the 83-count indictment are: Deepak Raheja, 63, of Hudson; Bhupinder Sawhny, 70, of Gates Mills, Gregory Hayslette, 43, of Aurora; Frank Mazzucco, 41, of Dublin. All four are charged with conspiracy to solicit, receive, offer and pay health care kickbacks.

According to the indictment:

Raheja is a medical doctor who specialized in psychiatry and neurology whose primary practice location was 2307 West 14th Street in Cleveland. Sawhny is a medical doctor who specialized in neurosurgery whose primary practice location was 6731 Ridge Road in Parma.

Raheja and Sawhny wrote more Nuedexta prescriptions and caused the submission of billings to Medicare and Medicaid for Nuedexta prescriptions for patients that did not have PBA.

Raheja and Sawhny also submitted and caused the submission of materially false and fictitious prior authorizations to Medicaid MCOs that reflected diagnoses of PBA for patients that did not actually have PBA.

Raheja falsely diagnosed patients with PBA and recorded and caused the recording of false symptoms in patient records to support a diagnosis of PBA.

Sawhny also allegedly permitted unauthorized access to protected patient health information.

“We all trust our doctors to make decisions based on what is best for the patient, not based on which sales representative is paying them money on the side and springing for steak dinners,” U.S. Attorney Justin Herdman said. “Doctors and the pharmaceutical sales reps who don’t follow the rules will be held accountable for their actions.”

“These doctors will now answer to a court of law for financially benefitting from lucrative speaking engagements and writing questionable prescriptions for one medication,” FBI Special Agent in Charge Eric B. Smith said. “The FBI will continue collaborative efforts to root out healthcare fraud and hold those responsible accountable for their fraudulent, unethical behavior.”

“Kickbacks are to ethics like a magnet to a compass — you lose your direction,” Ohio Attorney General Dave Yost said. “Imagine trusting your doctor to do what’s right for your health and finding out he’s instead doing what’s right for his wallet. This is much more than a financial crime.”

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