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Pain-management doctor settles $3.5 million over false claims act allegations

A. D. Bamburg / 3 months ago

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Ryan K. Buchanan, U.S. Attorney | U.S. Attorney for the Northern District of Georgia

Dr. Kamal Kabakibou and his medical practice, Kamal Kabakibou, M.D., P.C., known as "The Center for Pain Management," have agreed to pay $3.5 million to settle allegations under the False Claims Act (FCA) and the Controlled Substances Act (CSA). The claims involve alleged billing for unnecessary tests and pre-signing opioid prescriptions dispensed by a nurse practitioner while Dr. Kabakibou was abroad.

As part of the settlement, they will submit regular monitoring reports to the Drug Enforcement Administration for five years. Additionally, Dr. Kabakibou and his practice have entered into a three-year integrity agreement with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), which includes an annual review of claims by an independent organization.

Acting U.S. Attorney Richard S. Moultrie, Jr., stated: "Our office will continue to insist that dangerous opioids be properly dispensed and that federal healthcare dollars be wisely spent." He emphasized accountability for providers engaging in misconduct.

Special Agent Kelly J. Blackmon of HHS-OIG remarked on the importance of responsible billing and prescribing practices: "HHS-OIG remains committed to collaborating with our law enforcement partners to hold accountable those who engage in fraud schemes."

Mathew Broadhurst from the U.S. Department of Labor's Office of Inspector General highlighted concerns about false claims impacting patient safety: "Medical providers who submit false claims... place illegal profits above patient safety."

Jason Sargenski from the Department of Defense underscored the need for ethical conduct among healthcare practitioners: "This settlement should serve as a strong deterrent... to exploit and defraud TRICARE."

Jae Chung from DEA Atlanta Division criticized Dr. Kabakibou's actions: "He became nothing more than a dangerous drug trafficker."

Sean Burke from FBI Atlanta stressed vigilance against exploitation in taxpayer-funded systems: "This case is further proof that the government will vigorously pursue those who attempt to cheat..."

Dr. Kabakibou operates clinics in Atlanta and Blue Ridge, Georgia, using an in-house lab for urine drug tests. Allegations include performing unnecessary tests billed to federal health insurance programs like Medicare and TRICARE.

The CSA aims to prevent improper use of controlled substances, prohibiting DEA registrants from issuing prescriptions outside professional practice norms.

The investigation involved multiple agencies including the U.S. Attorney’s Office for the Northern District of Georgia, HHS-OIG, Department of Defense DCIS, FBI, DEA, and DOL OIG.

Assistant U.S. Attorney Anthony DeCinque led the civil settlement process alongside former Assistant U.S. Attorney David O’Neal.

It is important to note that these are allegations only; there has been no determination of liability.

For more information contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmail@usdoj.gov or (404) 581-6016.

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U.S. Attorney for the Northern District of Georgia