National Interventional Radiology Partners PLLC (NIRP) and its founder, Dr. Andrew Gomes, have agreed to pay $8.88 million to settle allegations of violating the Federal False Claims Act (FCA) and the Anti-Kickback Statute, according to the U.S. Attorney's Office for the Southern District of Texas.
The settlement centers around claims that Gomes, based in Sugar Land, Texas, and NIRP engaged in illegal kickback schemes by paying physicians for referrals to clinics aimed at treating patients with peripheral arterial disease (PAD). This circulatory condition primarily affects the lower legs of elderly individuals.
Beginning in 2015, Gomes established several clinics across Texas under the NIRP brand to provide surgical treatments for PAD. He allegedly raised capital for these clinics from physicians whose medical practices could supply a steady stream of Medicare referrals, including primary care doctors, podiatrists, and family practitioners. Gomes reportedly enticed these physicians with promises of high returns based on patient referrals and increased profits from surgeries such as arteriograms, angiograms, and angioplasties.
The U.S. Attorney, Alamdar S. Hamdani, emphasized the harmful effects of such financial arrangements, noting they can distort medical decision-making, raise healthcare costs, and undermine federally funded health programs. Special agents from both the Department of Health and Human Services and the FBI echoed these concerns, pointing out that these schemes prioritize financial gain over patient care.
This settlement arose from a whistleblower complaint filed in 2018 under the FCA's qui tam provisions, which allow private parties to sue on behalf of the U.S. government and share in any recovered funds. The whistleblower in this case will receive nearly $1.69 million from the settlement.