Riverside County Chiropractor Agrees to Pay $180,00 to Resolve Allegations of Health Care Fraud

FRESNO, Calif. — Chiropractor Kevin Michael Brown, of Menifee, has agreed to pay $180,000 to resolve allegations that he violated the False Claims Act by submitting hundreds of false claims to Medicare for surgically implanted neurostimulators, U.S. Attorney Phillip A. Talbert announced today.

As part of the settlement, Brown stipulated that, through his companies, Revive Medical of San Diego and Revive Medical LLC, located in Oklahoma City, he submitted claims to Medicare for surgically implanted neurostimulator devices, even though his companies did not perform surgery or implant neurostimulators. Brown stipulated that he and his companies instead taped a disposable “electroacupuncture” device called “Stivax” to their patients’ ears. Stivax devices do not require surgical implantation and are not reimbursable by Medicare. The United States alleges that this conduct violated the False Claims Act. In addition to paying the civil settlement, Brown agreed to a five-year exclusion period from Medicare, Medicaid, and all other federal health care programs.

“In addition to the clinics in San Diego and Oklahoma City, Revive Medical personnel performed Stivax procedures at a pain clinic in Chico, which is in the Eastern District of California,” said U.S. Attorney Talbert. “As this case demonstrates, we are committed to vigorously pursuing those who defraud Medicare and will use all tools available to us, including civil enforcement remedies. The investigation into false claims involving Stivax is ongoing.”

“Health care professionals who fraudulently bill Medicare for services never actually provided divert taxpayer funding meant to pay for medically necessary services for Medicare enrollees,” stated Special Agent in Charge Steven J. Ryan of the U.S. Department of Health and Human Services, Office of the Inspector General. “HHS-OIG will continue to work with our law enforcement partners to protect the integrity of federal health care programs and those served by those programs.”

The investigation was conducted with the U.S. Department of Health and Human Services, Office of the Inspector General. Assistant U.S. Attorney Emilia P. E. Morris handled the case for the United States.