DOJ Intervenes in Qui Tam Suit Against Iowa Cosmetic Surgeon

The US Attorney’s Office for the Northern District of Iowa recently announced that they are pursuing a case against Adam Smith, M.D., also known as "Adam Bryant," for allegedly submitting false claims to Medicare. Smith allegedly engaged in a series of fraudulent activities, including billing Medicare for unnecessary cosmetic surgeries, overcharging for services and falsely billing for services and operations that were never performed.

Case background

Dr. Adam Smith, a plastic surgeon practicing in Sioux City, has been sued for two counts of violating the False Claims Act, based on a Civil Complaint filed by both the United States and the State of Iowa on May 9, 2023. According to the complaint, Smith allegedly submitted false claims for healthcare services to government payors, including Medicare. The complaint alleges that over one thousand false claims were made.

Smith is accused of billing government payors for procedures he claimed were medically necessary surgical interventions, but in reality, they were medically unnecessary cosmetic surgeries, which are not payable by government payors. The complaint further alleges that Smith engaged in “upcoding,” billing for services in excess of those actually rendered to increase reimbursement. Additionally, he is accused of billing for surgical procedures that were never performed and overstating the complexity of office visits with patients, in order to receive greater reimbursement from government payors.

The case came to light thanks to a whistleblower who filed under the qui tam provision of the False Claims Act, which encourages private citizens to expose individuals or companies defrauding the government. Under the federal False Claims Act, the United States may receive a judgment equal to three times the cost of the false claims. The Act also allows for per-claim penalties, currently set between $13,508 and $27,018.

If you have information about healthcare fraud against the government, contact an experienced whistleblower attorney at Kardell Law Group today.