Orthopedic Surgeon Gives Whistleblowing a Shot

A very long shot.

A Florida orthopedic surgeon filed a whistleblower lawsuit against Orlando Health and three of its subsidiaries alleging the hospital fired him after he performed out-of-network operations and made out-of-network referrals.

Ayman Daouk, M.D., on behalf of himself, the United States of America, and the State of Florida sued Orlando Health, Physician Associates, LLC, Orlando Health Physician Group, and Orlando Health Imaging Centers for violations of the federal False Claims Act and the Florida False Claims Act. He also brought claims of unlawful whistleblower retaliation under Florida’s Private Sector Whistle-Blower Act. He further alleged Physician Associates violated the Stark Law, the federal Anti-Kickback Statute, and patients’ freedom of choice.

The United States of America and the State of Florida both backed away from Dr. Daouk’s quest when they filed notices of election to decline intervention.

The complaint alleged that initially Physician Associates only suggested that all physician referrals be within the Orlando Health integrated network. However, Dr. Daouk argued that “Pretty soon, however, such referrals became a mandate, with threats made against those who failed to comply.” Dr. Daouk’s complaint includes allegations that he was told to cease the use of out-of-network facilities and that was ultimately the reason he was terminated.

Federal law prohibits hospitals and other medical providers from paying physicians in exchange for referring them business paid for by government-funded healthcare programs, such as Medicare and Medicaid. Further, Florida law prohibits payment in exchange for referring an individual to a person for furnishing any service for which payment may be made under the Florida Medicaid program.

Dr. Daouk, an orthopedic surgeon, was employed by Physician Associates from 2009 to 2018. During this time, Dr. Daouk claims he routinely achieved excellent Press Ganey patient satisfaction scores and was among the top ten in revenue earners for the practice.

Orlando Health owns Orlando Health Imaging Centers, Orlando Health Physician Group and Physician Associates. Physician Associates is a physicians’ group. Orlando Health Imaging Centers is a diagnostic imaging center with advanced imaging tools that produce highly detailed images and precise results.