Amber Harris, Genetic Testing Kickback Scheme, New Jersey 2020

A medical assistant has admitted to participating in a conspiracy to receive bribes and kickbacks in exchange for ordering genetic tests in New Jersey, according to the U.S. Attorney's Office for the District of New Jersey.

Amber Harris, 28, of Lake Ariel, Pennsylvania, pleaded guilty to one count of conspiring to violate the anti-kickback statute. Harris worked as a medical assistant for Yitzachok 'Barry' Kurtzer, a primary care physician with offices in the Scranton area.

According to documents filed in the case, Harris and her employer accepted monthly cash kickbacks and bribes in exchange for collecting DNA samples from Medicare patients and sending them for genetic tests to clinical laboratories in New Jersey and Pennsylvania. The cash kickbacks ranged up to $5,000, and the Kurtzers typically accepted the cash in one of Kurtzer's offices.

The scheme continued even as the COVID-19 pandemic reduced in-patient visits, with the Kurtzers accepting payments by wire and through a cell phone money transfer app. Harris and another employee, Shanelyn Kennedy, also participated in the scheme, collecting DNA swabs in exchange for kickbacks and bribes.

As a result of the scheme, Medicare paid $755,241 for genetic tests generated from Kurtzer's practice. Harris faces a maximum of five years in prison and a fine of $250,000, or twice the gross gain or loss derived from the offense, whichever is greater.

Harris is scheduled to be sentenced on January 5, 2020. U.S. Attorney Craig Carpenito credited the FBI, IRS-Criminal Investigation, and U.S. Department of Health and Human Services, Office of Inspector General, with the investigation leading to the charges.

The charges against the remaining defendants are merely accusations, and those defendants are presumed innocent unless and until proven guilty.

Source: https://www.justice.gov/usao-nj/pr/medical-assistant-admits-role-genetic-testing-kickback-and-bribery-scheme