Modern Nuclear Inc. (MNI), a provider of mobile positron emission tomography (PET) scans headquartered in La Habra, California, has agreed to pay a total of $8,334,350.71, plus additional amounts based on future revenues, to resolve False Claims Act allegations that it paid referring cardiologists excessive fees to supervise PET scans in violation of the Anti-Kickback Statute (AKS). The United States alleged that between Sept. 1, 2016, and Jan. 14, 2025, MNI knowingly submitted false or fraudulent claims to federal healthcare programs arising from violations of the AKS.
Specifically, MNI allegedly paid kickbacks to referring cardiologists in the form of above-fair market value fees, ostensibly for cardiologists to supervise PET scans for the patients they referred to MNI. The United States alleged these fees substantially exceeded fair market value for the cardiologists’ services because MNI paid the referring cardiologists for time they spent in their offices caring for other patients or while they were not on site at all, or for additional services beyond supervision that were never or rarely actually provided. MNI purported to rely on an attorney-opinion letter regarding fair market value that the United States alleged was premised on fundamental inaccuracies and that the consultant ultimately withdrew.