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Semler and Bard to Pay $37M to Settle False Claims Act Allegations

Semler Scientific Inc. has agreed to pay $29.75 million and its former distributor, Bard Peripheral Vascular Inc. and its related companies, has agreed to pay $7.2 million to resolve allegations that they violated the False Claims Act by knowingly causing, and conspiring to cause, the submission of false claims to Medicare for photoplethysmography tests performed using the FloChec and QuantaFlo devices in connection with the diagnosis of peripheral arterial disease (PAD). The settlement resolves allegations that Semler and Bard falsely claimed that tests conducted using the FloChec and QuantaFlo devices were reimbursable by Medicare and caused healthcare providers to submit false claims to Medicare. Even after Semler received concerns from third parties about reimbursement, Semler allegedly continued to market the devices as reimbursable by Medicare.