8. Physician #1 is a medical doctor who is licensed in the State of California and a participating provider with Medicare. Physician #1 has proffered with the government pursuant to a Kastigar agreement and has signed an agreement to plead guilty to one count of conspiracy to commit health care fraud, in violation of 18 U.S.C. § 1349.
39. Physician #1 stated that s/he conspired to commit health care fraud with SCHENA and others. Physician #1 stated it is not medically necessary to test every patient for 120 allergens using the Arrayit test. Physician #1 stated that SCHENA requested the NPI number of Physician #1 and that Physician #1 later discovered that Arrayit submitted claims to Medicare and private insurance plans using Physician #1’s NPI to represent that Physician #1 had ordered allergy testing for patients whom Physician #1 had never seen. Many of these patients were located outside of the State of California and never received treatment from Physician #1. Physician #1 stated that an executive of Arrayit (Executive #1) paid Physician #1 illegal kickbacks in the form of insurance reimbursement checks in exchange for Arrayit’s ordering of allergy testing for patients whom Physician #1 had never seen. In addition, Physician #1 stated that SCHENA and others submitted false and fraudulent documentation to regulatory bodies in order to obtain regulatory approval to allow Arrayit to conduct laboratory testing.