Lithotripsy firm says whistleblower complaint dismissed

AKSM, Ltd. commended the federal government’s recent decision to close its investigation and fully dismiss a qui tam complaint filed by a “whistleblower” against the company.

Among its other businesses, Columbus, OH-based AKSM is a management company that oversees the day-to-day operations of physician-owned lithotripsy companies.

The Department of Justice and the Office of Inspector General of the Department of Health and Human Services conducted an extensive investigation into AKSM’s management practices and operations and met with its employees and executives.

To facilitate this dismissal, AKSM said it persuasively argued that it was abiding by federal health care and False Claims Act laws and employed industry best practices in the operation of its business.

"We have been steadfast in our unyielding belief that our business model, operations, and procedures are all in full compliance with the law," said Henry A. Wise, II, MD, chairman and CEO of AKSM. "No company wants to be the subject of a government investigation, and it was challenging to provide the government the extensive amount of documentation they required; however, we strongly support the government’s efforts to eliminate fraud in the health care system and more than willingly complied with their requests."

The dismissal imposes neither a monetary penalty payment nor any corporate integrity agreement against AKSM, and occurs less than a year after the government served a Civil Investigation Demand on one of the physician-owned companies that AKSM manages. The full complaint was under seal until its dismissal to allow the government time to complete its investigation.

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