Dr. Norman A. Brooks, Medicare Fraud, California 2024

LOS ANGELES – Dr. Norman A. Brooks, a dermatologist and surgeon from Encino, California, has paid the United States nearly $2.7 million to resolve allegations that he submitted bills to Medicare for Mohs micrographic surgeries for skin cancers that were medically unnecessary.

The settlement, finalized on March 31, resolves allegations made in a lawsuit brought by a former employee of The Skin Cancer Medical Center, Janet Burke, under the qui tam, or “whistleblower,” provisions of the False Claims Act.

According to the lawsuit, Brooks falsely diagnosed skin cancer in some of his patients so that he could perform, and bill for, Mohs surgeries. Mohs surgery is a specialized surgical procedure for removing certain types of skin cancers in specific areas of the body, including the face.

The surgery is performed in stages during which the surgeon removes a single layer of tissue which undergoes a microscopic evaluation. The surgeon performs additional stages, if necessary, until all of the cancer is removed. Given the complexity and time required to perform the procedure, Mohs yields a higher Medicare reimbursement than other procedures used to remove skin lesions.

As part of the settlement, Brooks entered into a three-year Integrity Agreement with the U.S. Department of Health and Human Services, Office of Inspector General. Under the Integrity Agreement, Brooks will establish and maintain a compliance program that includes, among other things, mandated training for Brooks and his employees and review procedures for claims submitted to Medicare and Medicaid programs.

Brooks did not admit liability in the matter. The settlement resolves United States ex rel. Burke v. Norman A. Brooks, M.D., Inc. et al., CV14-6735. For her role in the case, Ms. Burke will receive $482,652.

The matter was investigated by the United States Attorney’s Office and the U.S. Department of Health and Human Services, Office of Inspector General. The settlement was negotiated by Assistant United States Attorney Donald W. Yoo of the Civil Fraud Section.

The settlement was paid on April 10, resolving allegations that Brooks submitted bills to Medicare for medically unnecessary Mohs micrographic surgeries for skin cancers.