The suit concerns services Robert Scappa administered while working for Scappa Urology, a subsidiary of Fort Myers, Fla.-based 21st Century Oncology.
The settlement resolves allegations Robert Scappa, of Scappa Urology in Fort Myers submitted claims to Medicare and Tricare for fluorescence in situ hybridization tests that were not medically necessary. FISH tests are performed on urine detect genetic abnormalities associated with bladder cancer. Medicare does not consider FISH medically necessary unless the patient has been previously diagnosed with bladder cancer or the physician has already completed a full urologic workup.
In 2009, Dr. Scappa began referring all FISH testing to a laboratory owned and operated by 21st Century Oncology, according to the report. The suit claims Dr. Scappa received kickbacks based on the number of FISH tests he referred.
Allegations against physicians affiliated with 21st Century were brought under the qui tam provision of the False Claims Act by a medical assistant employed by a 21st Century subsidiary.
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