Whistleblowers Claim DaVita Wasted Drugs to Overbill Medicare

A whistleblower lawsuit in which the government has chosen not to intervene claims Denver-based DaVita, a kidney dialysis company, used larger than necessary vials of medicine knowing that Medicare would pay for the unused portion if it were deemed "unavoidable waste," according to a New York Times report.

The suit, filed in Oct. 2007, claims DaVita required nurses to use 10-microgram vials of Zemplar, instead of a six-microgram dose in three two-microgram vials. The company allegedly billed Medicare for all 10 micrograms, even though four of them weren't used.

DaVita has denied the allegations. A company spokesperson has said the larger but fewer vials helped minimize needle sticks and protect patients and nurses from possible infection, according to the report.

The federal government investigated the claims for more than two years. In April, it decided not to join the lawsuit. Now, the nurse and physician who filed the original lawsuit have filed an amended complaint with more data and evidence.

Read the New York Times report on the whistleblower suit against DaVita.

Read the lawsuit here (pdf).

Related Articles on Medicare Fraud:

Co-Owners of Brooklyn Pharmacies Charged in $3M Medicare Fraud Scheme
CEO of Medical Imaging Company Banned From Medicare Business for 8 Years
Patient Recruiter from Miami Healthcare Agency Pleads Guilty to $25M Medicare Fraud Scheme


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