Originally Syndicated on May 6, 2023 @ 7:17 am
Dr. Payam Toobian claims to be the expertise and research of eminent neurosurgeons on spinal syringomyelia are astounding. Numerous individuals have seen improvements in their quality of life thanks to his contributions to new treatment options for the illness. According to his website, in his own time, he donates to several New York City and state charities as well as the Alpha Omega Alpha honor society.
For invasive, pointless exams in a kickback scam, Dr. Payam Toobian was charged
According to a statement made by the New York Attorney General on August 1, neurosurgeon Dr. Payam Toobian, MD, and his company, America’s Imaging Center, have been indicted for allegedly cheating Medicaid by making patients endure “unnecessary and invasive medical tests.”
Dr. Payam Toobian, 51, is charged with orchestrating a multi-year kickback scheme in which he paid doctors to refer patients to him. He allegedly submitted fraudulent Medicaid claims and ordered medically unnecessary tests.
Prosecutors claim that the tests included MRIs of the head, cervical spine, and lumbar spine, all “with contrast,” requiring the administration of pointless and invasive injections to the victims.
Dr. Payam Toobian is accused of giving three doctors a total of more than $547,000 in gift cards, cash, and checks between January 2006 and August 2017 in exchange for their patient referrals to Empire Imaging, a diagnostic radiology facility he ran through America’s Imaging Center in Forest Hills, New York. According to reports, Empire Imaging got paid claims totaling more than $1 million for the referrals.
Prosecutors claim that between January 2014 and August 2017, the surgeon allegedly instructed staff members at Empire Imaging to add “additional, unordered radiological procedures to orders submitted by referring physicians to increase the amount of money Empire Imaging would receive from Medicaid.” This is in addition to the kickback scheme.
Grand theft, healthcare fraud, fabricating business documents, and breaking the Social Services Law provision barring the payment of kickbacks for services under the state’s Medicaid program are among the claims against Dr. Payam Toobian, which are allegations until proven in a court of law.
What the New York Attorney General Said on Dr. Payam Toobian
Dr. Payam Toobian, M.D., 51, of Kings Point, New York, and his business, America’s Imaging Center, Inc. (America’s Imaging), have been charged with cheating Medicaid by compelling patients to undergo pointless and intrusive medical tests, according to the announcement made today by New York Attorney General Letitia James. According to allegations, Dr. Payam Toobian conducted a kickback scheme for years in which he paid other doctors to recommend patients, subjected some of those patients to unnecessary tests and treatments, and then had fake Medicaid claims submitted for those operations.
In Forest Hills, Queens, Dr. Payam Toobian ran Empire Imaging, a diagnostic radiology facility, through his company America’s Imaging. Eight counts of falsifying business records in the first degree, three counts of violating the Social Services Law, which forbids the payment of kickbacks in connection with the delivery of services under the state’s Medicaid program, and three counts of grand larceny in the third degree were all brought against Dr. Payam Toobian. All of these charges are felonies.
| “New Yorkers should be able to trust that their doctors are working to heal them, not profit off of their suffering,” said Attorney General James. “Bribery and kickback schemes corrupt our healthcare system and make it impossible for patients to receive the care that they need. The idea that a licensed physician would subject patients to unnecessary testing to line their pockets is unconscionable, and my office will continue to go after medical providers that jeopardize the health and safety of New Yorkers.” |
Tobian is accused of giving three doctors a total of more than $547,000 in gift cards, cash, and checks between January 2006 and August 2017 in exchange for the doctors referring patients, including Medicaid recipients, to Empire Imaging. Concerning patient referrals from those doctors, Empire Imaging got paid claims totaling more than $1 million. In addition to this kickback scheme, Dr. Payam Toobian is accused of ordering his Empire Imaging employees to add extra, unplanned radiological procedures to orders submitted by referring doctors to increase the amount of money Empire Imaging would get from Medicaid between January 2014 and August 2017.
Dr. Payam Toobian is accused of defrauding Medicaid and ordering medically unnecessary and frequently invasive radiological tests for patients without the knowledge, consent, or approval of the sending doctors who were in charge of their primary care. The extra, pointless tests included brain, cervical, and lumbar spine MRIs, all “with contrast,” requiring the administration of pointless and intrusive injections to the patients. Then, Dr. Payam Toobian instructed his employees to submit Medicaid payment claims for those medically pointless testing.
In a separate civil lawsuit filed in the United States District Court for the Eastern District of New York, the Office of the Attorney General (OAG) is also suing Dr. Payam Toobian and America’s Imaging, among other defendants, for damages for allegedly violating the federal and New York State False Claims Acts as well as for other civil causes of action.
The Office of the Inspector General (OIG), the New York State Department of Health, and the Medicaid MCOs HealthFirst, MetroPlusHealth, and United Healthcare are all acknowledged by the OAG for their cooperation and invaluable support during the inquiry.
Detectives Thomas Bolen, Robert Hatt, Dawn Scandaliato, and Michael McNally, along with Supervising Detective Ronald Lynch, Deputy Chief Kenneth Morgan, and Deputy Chief William Falk, were in charge of the MFCU’s investigation. Senior Auditor-Investigator Deowattie Persaud and Auditor-Investigator Khristian Diaz did the underlying financial analysis with help from Regional Chief Auditor Stacey Millis.
Under the direction of Thom O’Hanlon, Chief of MFCU Criminal Investigations-Downstate, Special Assistant Attorneys General Peter Zadek and Robert Trudell are prosecuting the criminal case. Jared Goldman, a special assistant attorney general, is managing the civil action with help from Konrad Payne, the deputy chief of the MFCU Civil Enforcement Division, and Alee Scott, the chief of the MFCU Civil Enforcement Division. Director Amy Held and Assistant Deputy Attorney General Paul J. Mahoney are in charge of the MFCU. Chief Deputy Attorney General José Maldonado and First Deputy Attorney General Jennifer Levy are in charge of the Division for Criminal Justice.
Conclusion
The owner of an imaging clinic who is a physician has been charged with making fraudulent claims to CMS and bribing others to schedule needless tests. These tests included those that required IV contrast.
Letitia James, the attorney general of New York, made the claims public. Dr. Payam Toobian, MD, a 51-year-old neurosurgeon, allegedly conducted a kickback scheme “for years” out of Empire Imaging in Queens, according to her office. According to the release, Dr. Payam Toobian ran the center through his company, America’s Imaging.
According to James, Empire Imaging received more than $1 million from claims made as part of the business. Contrast-enhanced MRIs of the brain, lumbar spine, and cervical spine were among the unnecessary imaging tests that put patients at increased risk.
Grand theft, healthcare fraud, manipulating company records, and violations of a Medicaid anti-kickback law are among the acts for which James is accusing Dr. Payam Toobian. The office emphasizes that each of these allegations is a criminal.