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Nathan Lucas, Health Care Fraud, Tennessee 2024

Nathan Lucas, a 56-year-old podiatrist from Memphis, has been charged with five counts of health care fraud for allegedly prescribing and dispensing medically unnecessary foot bath medications to Medicare and TennCare patients.

According to a federal indictment, Lucas owned and operated Advanced Foot & Ankle Care of Memphis LLC, as well as multiple in-house pharmacies. The indictment alleges that Lucas regularly prescribed antibiotic and antifungal drugs to be mixed into a tub of warm water for patients to soak their feet, often choosing medications based on their anticipated reimbursement amount rather than medical necessity.

In one instance, Lucas wrote a prescription for 1,080 capsules of vancomycin, 7,650 grams of econazole cream, and 180 grams of lidocaine, all to be dissolved in a foot bath, which resulted in a Medicare reimbursement of over $18,000. From October 2018 to the present, Lucas allegedly caused his pharmacies to submit nearly $4 million in claims to Medicare and TennCare for dispensing these medications, which were not medically necessary and would not have been eligible for reimbursement.

Lucas faces a maximum penalty of 10 years in prison per count if convicted. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The investigation was led by the U.S. Office of Inspector General (HHS-OIG) and the Tennessee Bureau of Investigation. The case is being prosecuted by Trial Attorneys Justin M. Woodard and Sara E. Porter of the Fraud Section and Assistant U.S. Attorney Chris Cotten.

The Health Care Fraud Strike Force, which leads the Fraud Section, has charged over 4,600 defendants who have collectively billed federal health care programs and private insurers for approximately $23 billion since its inception in March 2007.

An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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