United States Files Suit Against Naples Immunologist for False and Fraudulent Claims in Connection with Subcutaneous Immune Globulins

Fort Myers, Florida - The United States has filed a civil complaint in federal district court against Dr. Kevin Rosenbach, a doctor practicing in allergy and immunology in Naples Florida, and Kevin P. Rosenbach, M.D. P.A. The complaint alleges that Dr. Rosenbach and Kevin P. Rosenbach, M.D. P.A knowingly caused false claims for subcutaneous immune globulins to be submitted to Medicare Part B. As part of these claims, Dr. Rosenbach would change or add diagnoses to a rare immunodeficiency disease for patients who did not meet the definition of that disease to obtain Medicare Part B coverage. The complaint further alleges that by falsely diagnosing patients, Dr. Rosenbach caused the submission of false claims to Medicare Part B by special pharmacies dispensing immune globulins, resulting in a loss of over $1.9 million to Medicare Part B.

"The United States Attorney's Office will vigorously pursue and prosecute those who violate the law and compromise the integrity of federally funded programs," said U.S. Attorney Gregory W. Kehoe. "This action sends a message that our office will continue to protect Medicare funds and the valuable healthcare services the program provides."

The claims asserted against Dr. Rosenbach are allegations only, and there has been no determination of liability.

This case was investigated by the Department of Justice, the U.S. Department of Health and Human Services - Office of Inspector General. It is being litigated on behalf of the United States by Assistant United States Attorney Chad Spraker.

Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

On April 7, the Department of Justice announced the creation of the National Fraud Enforcement Division. The core mission of the Fraud Division is to zealously investigate and prosecute those who steal or fraudulently misuse taxpayer dollars. Department of Justice efforts to combat fraud support President Trump's Task Force to Eliminate Fraud, a whole-of-government effort chaired by Vice President J.D. Vance to eliminate fraud, waste, and abuse within Federal benefit programs.