The government and insurers alleged that Dr. Van Dyck falsely claimed that he performed more expensive procedures than he actually performed, or that the routine foot care that was provided was justified because of illness or symptoms that were not present. it was alleged that often the treatments were performed by unlicensed staff, sometimes when Dr. Van Dyck was not present at his practice. Additionally, it was alleged that Dr. Van Dyck altered a single-use skincare patch by cutting it into pieces and billed Medicare for multiple applications.
As typical in these cases, responses to audits are used to show scienter or criminal intent. The government alleged that in 2011, in response to a request for documents from an investigator for Medicare, Dr. Van Dyck altered patients’ medical records to justify his bills. Medicare, Medi-Cal, Tricare, and the private insurers paid Van Dyck over $1 million for his claims.
There was a forfeiture component to this case. Judge Burrell previously entered an order requiring Dr. Van Dyck to forfeit $1.2 million from a retirement account into which proceeds of the healthcare billing were traced. The date for a further restitution hearing is set for May 27, 2016.
Posted by Tracy Green, Esq.
Green and Associates