The owner of a medical clinic and a driver for United Parcel Service have been indicted on health care fraud charges related to unnecessary and sometimes never-performed sleep studies that resulted in more than $11 million in bills being submitted to health care benefit programs, primarily for employees of UPS and Costco.
Anna Vishnevsky, 49, owner of Atlas Diagnostic Services, Inc., and UPS driver Eddie Hernandez, 43, were arrested on Dec. 22 pursuant to an 11-count indictment returned by a federal grand jury in mid-December. Vishnevsky and Hernandez entered not guilty pleas during arraignment in United States District Court. A trial was scheduled to being Jan. 30. Vishnevsky was released on a $200,000 bond, and Hernandez was freed on a $30,000 bond.
According to the indictment, Vishnevsky, Hernandez and others recruited patients by offering cash in exchange for participating in sleep study testing. They also allegedly offered additional cash to people who brought dependents and referred co-workers to participate in the scheme. Vishnevsky and Hernandez allegedly recruited patients knowing that no doctor had prescribed sleep study testing for them, and regardless of whether the testing was medically necessary.
Vishnevsky failed to score or interpret the data from the testing, or provide it to anyone who could score or interpret it, which is necessary for diagnosis and treatment, according to the indictment. Vishnevsky is further alleged to have billed insurance providers for two sleep studies for many patients, even though they went to her clinic on one night only. Both defendants are each charged with 11 counts of health care fraud and face 10 years in federal prison for each count.
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