BTW Solutions, a Benton, Arkansas-based drug wholesaler and billing service, recently agreed to pay $1.5 million to settle a federal lawsuit. The lawsuit alleged fraudulent practices within the federal workers’ compensation program. Federal prosecutors accused BTW of selling drugs to physicians at cost while billing the Office of Workers’ Compensation Programs (OWCP) at inflated rates—sometimes up to 12 times the original cost. According to court documents, the company shared these inflated profits with participating doctors.
BTW Solutions: How the Scheme Operated
BTW Solutions marketed its services as a way for physicians to increase revenue by prescribing certain pain creams and durable medical equipment. The company’s promotional materials suggested that doctors could earn more than $100,000 annually by prescribing to just five patients per week. Although BTW claimed it did not bill Medicare or Medicaid, it incorrectly asserted that federal anti-kickback statutes (AKS) did not apply to its operations. However, prosecutors clarified that these laws cover all federal healthcare programs, including the OWCP.
The Whistleblower’s Role
The scheme was exposed through a whistleblower lawsuit filed by Elizabeth Young, a former sales agent for BTW. Young, now residing in Florida, filed the qui tam lawsuit in 2017 after leaving the company. With over 25 years of experience in medical product sales, she alleged that BTW, along with a compounding company and 10 physicians, engaged in illegal activities. These practices allegedly violated both the AKS and the federal False Claims Act. In 2023, the U.S. government intervened, significantly increasing the case’s importance.
Legal and Financial Implications
Faced with a lengthy legal battle, BTW chose to settle without admitting guilt. OWCP Director Christopher Godfrey highlighted that the settlement helps recover funds and reinforces the integrity of the Employees’ Compensation Fund. Peter Leary, the U.S. Attorney for the Middle District of Georgia, emphasized that the resolution demonstrates the Anti-Kickback Statute’s vital role in protecting medical decisions from improper financial incentives.
Unanswered Questions
The settlement raises questions about the fate of the accused physicians and the compounding company involved. Additionally, the portion of the settlement awarded to Young, under the qui tam provisions, has not been disclosed. Typically, whistleblowers receive between 15% and 25% of the recovered funds.
Looking Ahead
This case serves as a stark reminder of the legal and ethical standards governing federal healthcare programs. For more investigative pieces and updates on cases like this, visit Jacobi Journal. For the original source of this report, click here.