Bracker & Marcus is pleased to announce its most recent healthcare fraud settlement of $2.18 million with the Georgia-based Arthritis & Rheumatology Center (ARC) and its owner. The state of Georgia does not permit medical assistants to perform infusions, but our client alleged that ARC had medical assistants performing infusions of powerful chemotherapy medications with potentially dangerous side effects.

This is Our Second False Claims Act Settlement for Unqualified Infusions

In October 2021, our firm settled these same types of claims against another medical practice for $325,000. While that case was ongoing, one of its employees advised our client, who was a member of ARC’s front office staff, that the federal government was investigating the use of medical assistants for infusions that should be performed by nurses and that ARC should stop doing that.

Our client then cautioned his boss, the owner of ARC, about the investigation and that ARC could similarly get in trouble with the Government for engaging in this same behavior. The owner, however, allegedly ignored our client’s words of warning and continued having medical assistants perform infusions.

When the settlement with the Government was finalized, our client knew with certainty that this was a False Claims Act violation and not a false alarm. He found his way to our firm, and we quickly filed a lawsuit in November 2021.

The government’s investigation lasted five years, and in the end, this case resulted in an intervention and a settlement. We watched hundreds of hours of security footage to help the Government trace which Medicare beneficiaries were treated by medical assistants.

Medicare Requires Providers to Follow State and Federal Regulations

Simply put, Medicare does not reimburse for procedures performed by unqualified individuals and/or in violation of state law. In some states, it is legal for medical assistants to perform infusions, but not in Georgia. ARC even requested guidance from the Georgia composite medical board, which confirmed that in the state of Georgia, medical assistants do not have the authority to perform IV infusion therapy.

We congratulate our client on a successful, long-awaited outcome. He worked for ARC for many years after filing the lawsuit, which was stressful and difficult for him as he saw every day who was performing the infusions and worried about the welfare of the patients. The Government awarded him a 19% relator’s share for his contributions.

We also congratulate Assistant United States Attorney Adam Nugent and thank him for his dogged efforts in getting the matter resolved for a significant recovery for the Government. AUSA Nugent took over the case partway through the investigation, which is always difficult, and we are grateful to him and his team for their work.

Firm Awards and Speaking Engagements

Julie Bracker and Jason Marcus have again been named to the 2026 list of Georgia Super Lawyers. Julie has been named a Super Lawyer since 2017, and Jason has been named a Super Lawyer since 2023, his first year eligible. Prior to that, as a young lawyer, he was named a Super Lawyers “Rising Star” for seven straight years.

Julie continues to speak at conferences on the issue of cybersecurity fraud, including at this year’s Federal Bar Association Qui Tam Conference and the American Conference Institute. Her panel—New Cyber Fraud Enforcement, Whistleblower Trends and Insider Threats: How Organizations are Combating Intensifying Legal Risks at the Forefront—was well-received by general counsel for major corporations that routinely work with the Government.

Jason has been named as the Chair of the Anti-Fraud Coalition Membership Education Committee and is busy planning this year’s annual conference, attended by the top members of the qui tam relator’s bar and government officials in affirmative civil enforcement. He is also in the process of preparing a webinar for relator’s counsel on the ins and outs of the First to File Bar.

Associate Graham Rusk recently led a course on conducting witness interviews—a topic he was very familiar with after a career with the Georgia Bureau of Investigation—for the Georgia chapter of the National Employment Lawyers Association. Julie will be speaking to the Chapter on Professionalism and Ethics later this year.

We are also wrapping up six more PPP settlements and have a seventh that has resulted in a criminal indictment, to be discussed in an upcoming blog!

A Call to Action!

The use of medical assistants to perform infusions is not uncommon, even in states where it is not within their scope of practice. If you are in Georgia or another state where medical assistants are not allowed to perform infusions, but you work at a clinic where they are performing infusions on Medicare or Medicaid beneficiaries, please contact our office for a free evaluation.