Tampa, Florida – Dr. Jayam Krishna Iyer (66, Clearwater)
today pleaded guilty to one count of health care fraud. She faces a maximum
penalty of 10 years in federal prison, or 20 years, if her offense involves
serious bodily injury. As part of the plea, Iyer has agreed to surrender both
her DEA registration number that she used to prescribe controlled substances
and her Florida medical license, and to a permanent exclusion from the Medicare
and Medicaid programs.
According to the plea agreement, Iyer owned and operated
Creative Medical Center located on Druid Road East in Clearwater. The center
functioned as a pain management clinic. Iyer billed Medicare and Medicaid for
office visits, tests, and services provided to patients using her National
Provider Identification (NPI) number, and wrote prescriptions for controlled
substances, including oxycodone. She used Current Procedural Terminology (CPT)
code 99213, which was used to bill for office visits for the evaluation and
management of established patients, and required an in-person examination with
the actual patient. As an approved Medicare provider, Iyer also agreed to
provide truthful information and to not make any materially false statements or
representations in connection with the delivery of or payment for health care
benefits.
Beginning at least as early as July 2011, and continuing
through December 2017, Iyer executed and carried out a scheme to defraud
Medicare by billing for face-to-face office visits with Medicare beneficiaries,
when, in fact, certain patients did not go to Iyer’s office and were not
examined by her on the claimed dates; instead,
family members of the patients went to Iyer’s office with notes
requesting that Iyer issue and provide prescriptions, including for Schedule II
controlled substances like oxycodone, to the family members, and in the
beneficiaries’ names—and Iyer issued those prescriptions. Iyer thereby violated
a Florida law requiring doctors to perform an in-person office visit and
examination of each patient before issuing Schedule II controlled substance
prescriptions. Iyer also falsified her electronic medical records, including
vital statistics, to make it appear that the actual patient was present in her
office for an office visit, when the patient was not. Iyer submitted at least
$51,500 in these types of false and fraudulent Medicare claims.
This case was investigated by the Opioid Fraud and Abuse
Detection Unit. On August 2, 2017, Attorney General Jeff Session announced the
formation of the Opioid Fraud and Abuse Detection Unit, a Department of Justice
pilot program to utilize data to help combat the devastating opioid crisis that
is ravaging families and communities across America. The unit focuses
specifically on opioid-related health care fraud using data to identify and
prosecute individuals that are contributing to the prescription opioid
epidemic. The case was investigated by the Federal Bureau of Investigation, the
Department of Health and Human Services Office of Inspector General, the Drug
Enforcement Administration, and the Florida Office of Attorney General’s
Medicaid Fraud Control Unit. It is being prosecuted by Assistant United States
Attorney Kelley Howard-Allen.
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