Search Site
Menu
Whistleblower Receives $545,000 After Enforcement Action Against Bay Sleep Clinic

A sleep technician in California will receive a $545,000 award for serving as a whistleblower in a case involving the Bay Sleep Clinic and several of its affiliates.

Bay Sleep Clinic recently settled the case with the U.S. Department of Justice for $2.6 million. The action stemmed from allegations that the company and its affiliates violated the False Claims Act by inaccurately billing Medicare for medical devices and diagnostic services.

Employee speaks up to report fraud

The whistleblower, Elma F. Dresser, worked as a marketer and sleep technician for Bay Sleep Clinic for about eight years. She filed her initial whistleblower claim in April 2012 after she became aware of the company’s Medicare overbilling practices. In her qui tam complaint, Dresser claimed that the clinic hired unqualified and uncertified staff members to conduct sleep studies and offered products and testing at unapproved locations. She also said she had evidence of self-dealing and the paying of kickbacks for referrals.

Dresser also claimed that Bay Sleep Clinic’s Medicare billing agent, Access Medical Consultants, knew of the violations and continued to allow the clinic to submit false claims to Medicare.

In addition to the $2.6 million settlement, reached in May 2015, Bay Sleep Clinic and the affiliates involved may not enroll as Medicare-approved providers for at least three years.

This case is yet another example of the awards whistleblowers can secure if they provide the federal government with information that leads to a successful enforcement action. For the advice you need if you are considering a qui tam claim, speak with a knowledgeable Dallas attorney at Whistleblower Law for Managers.

 

Honors
Our Office
  • Dallas Office
    4514 Cole Ave
    #600
    Dallas, Texas 75205
    Phone: 214-306-8045
    Fax: 469-729-9926
Testimonials
  • "Steve Kardell was terrific in representing me in some very adversarial discussions with Citigroup and also later represented me in my testimony before the Financial Crisis Inquiry Commission."  -Richard Bowen, Citigroup Whistleblower

  • "Never thought my career would end like it did after 30 years of service. I was part of the first round of the so called reduction of force. I asked myself how can I be part of this with 30 years of seniority. How did they pick these 90 plus employees? Now, the culture of this organization made you question every decision they made. It wasn’t what you knew it’s was a culture of who you know. Nonetheless, I did not accept their severance package. I immediately starting looking for an attorney who would take on my case. After the initial call to Steve I had hope again. He was open and honest about everything and reassured me he would do his best for me, and he did. I had an awesome outcome. Thanks Steve you’re the best."  -S.S.

  • "Reaching out to Steve Kardell was the best decision I made. His ability to provide immediate insight and direction was very powerful, and a huge relief during a very stressful time period. For anyone struggling with a whistleblower situation, I would highly recommend at least speaking with Steve. After a 10 minute call with him, I had a better understanding of what I was dealing with. Even better, he gave me some immediate hope. In the end Steve did a better job than I thought was possible. Steve was able to get in contact with people in my organization, that I didn’t have access to. Because of his years of experience, he already has contacts in many organizations in Dallas. The entire situation was handled peacefully. I was impressed by his ability to “keep the peace”–rather than creating a battle with the organization. The reason I didn’t reach out to a lawyer initially, was because I thought it would mean an immediate end to any hope of a positive relationship with the company. Steve was able to address my concerns, and in the end I was able to continue to work for them."  -KS

FOLLOW US
Facebook Twitter Linkedin RSS Feed JD Supra