Court assesses more than $170M in penalties against two area ophthalmologists

NOV 18, 2021 | REPUBLISHED BY LIT: NOV 19, 2021

HOUSTON – Two ophthalmologists and their eye clinic must pay millions of dollars for fraudulently billing Medicare in relation to the evaluation and treatment of glaucoma, announced Acting U.S. Attorney Jennifer B. Lowery.

“Deliberately overcharging the government for medical services wastes our country’s precious health care resources,” said Lowery. “We will not stand idly by as providers in our district attempt to abuse the system.”

U.S. District Judge Lynn N. Hughes assessed the amounts against Dr. Mustapha Kibirige, 58, and Dr. Emelike Agomo, 57, and the eye clinic they operated in Houston – Outreach Diagnostic Clinic LLP. Kibirige also practices in Humble.

The action is a result of a whistleblower lawsuit a former employee of Outreach had filed under the False Claims Act (FCA). It alleged the two ophthalmologists were fraudulently billing the Medicare Program for single eye pressure measurement tests used to assess and treat glaucoma. Kibirige and Agomo allegedly billed the federal health care program using an improper reimbursement code that provided a higher reimbursement than what was allowed.

Under the FCA, the government is entitled to treble damages and a penalty on each false claim. Judge Hughes determined those damages amounted to $2,422,350. The court further found the practice had submitted 14,450 false claims to the Medicare Program between 2006 and 2012. Judge Hughes assessed a penalty of $11,803 for each of those false claims, resulting in a total of $170,553,350 in penalties.

Under the FCA, a private party can file an action on behalf of the United States and receive a share of the recovery.

The Department of Health and Human Services – Office of Inspector General conducted the investigation. Deputy Civil Chief Andrew A. Bobb and former Assistant U.S. Attorney Jose Vela handled that matter.

The claims resolved by the settlement are allegations only and there has been no determination of liability.

Humble Surgical Hospital honors Congressman Poe with naming of suite

MAY 26, 2012 | REPUBLISHED BY LIT: NOV 19, 2021

The first time Congressman Ted Poe spent time with the doctors and nurses at Humble Surgical Hospital, it lasted three hours.

In recognition of his support and dedication to the community, the hospital honored Poe by dedicating the Hospital’s OR Suite 6 to Poe May 21.

“I was impressed by Poe from the first time I ever met him because he is his own person – he is not a follower but a leader. We are honored to have him as a supporter of Humble Surgical Hospital so we wanted to honor him by naming the OR after Poe,” Dr. Abdul Fustok of Humble Surgical Hospital, said at the ceremony.

The last visit Poe had with many of the physicians and nurses at Humble Surgical Hospital, he talked with them about their views on healthcare and how physician owned clinics operate.

Humble Surgical Hospital is also currently in the process of adding to their facility by building a larger multi-leveled patient care center next to their current location on FM 1960.

“I want to congratulate Humble Surgical Hospital for several different things such as taking care of people in this community and it is owned by doctors which is a new concept in the United States, it’s a good thing because it gives people an alternative for very good care,” Poe said.

In addition to appreciating Humble Surgical Hospital, Poe also shared with the group of doctors and nurses about the upcoming election and how redistricting has affected the voting lines.

Poe’s district covers the Atascocita and Kingwood areas but then stretches to Spring Branch, Garden Oaks, Montrose and ends in the Medical Center.

To set up a private tour of the Humble Surgical Hospital Ted Poe Operating Room and to learn more about Humble Surgical Hospital, located at 1475 FM 1960 E. Bypass in Humble , please contact Debbie Cormier, chief nursing officer/administrator, at 281-964-2114.