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NY Doctor Forced Invasive, Unnecessary Tests On Patients, Attorney General Claims

A New York doctor has been indicted for his alleged involvement in a kickback scheme that involved him defrauding Medicaid and giving patients unnecessary tests, officials announced.

Payam Toobian, M.D., was indicted for allegedly running a kickback scheme, giving patients unnecessary treatments so he could receive money from Medicaid, the Attorney General said. 

Payam Toobian, M.D., was indicted for allegedly running a kickback scheme, giving patients unnecessary treatments so he could receive money from Medicaid, the Attorney General said. 

Photo Credit: Pexels/cottonbro

New York Attorney General Letitia James announced on Wednesday, Nov. 22 the indictment of Long Island resident Payam Toobian, M.D., alongside his company, America’s Imaging Center, Inc., for over 10 years of alleged Medicaid fraud.

Through his corporation, Toobian, age 51, of King's Point, ran Empire’s Imaging, a diagnostic radiology center based in Queens.

From January 2006 to August 2017, the AG’s Office claims that Toobian bribed three physicians using over $547,000 in gift cards, cash, and checks in exchange for patient referrals.

Toobian’s company earned $1 million in paid claims related to those referrals.

But the kickback scheme did not stop there.

Toobian is also accused of directing his employees to order additional and unnecessary radiological procedures to the referring physicians’ orders so that the company would receive even more money from Medicaid.

Because of this, Toobian’s patients were subjected to these invasive and needless tests without the approval or consent of the referring physicians.

According to the Attorney General, the tests Toobian subjected his patients to included MRIs of the brain, cervical spine, and lumbar spine.

All the irrelevant MRIs were done “with contrast,” meaning that patients were given invasive (and nonessential) injections.

Toobian then had his employees submit claims to Medicaid to pay for the tests.

“New Yorkers should be able to trust that their doctors are working to heal them, not profit off of their suffering,” said Attorney General James.

“The idea that a licensed physician would subject patients to unnecessary testing to line their pockets is unconscionable.”

Toobian is charged with:

  • Grand larceny;
  • Healthcare fraud;
  • Falsifying business records, eight counts; and
  • Violation of a Social Services Law statute, three counts.

All are felony charges.

Additionally, the Office of the Attorney General filed a separate civil lawsuit seeking damages from not only Toobian and his company, but others for violating the Federal and New York State False Claims Act and more.

It is unclear when Toobian is next due in court.

Anyone who believes they have information about Medicaid provider fraud or the abuse and neglect of a nursing home resident can file a claim online here or call the Medicaid Fraud Control Units hotline at 800-771-7755

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