NAPLES — The United States has filed a civil complaint in federal court against a Naples immunologist accused of falsely diagnosing patients with a rare disease to bilk Medicare Part B out of more than $1.9 million, the U.S. Attorney’s Office for the Middle District of Florida announced.
The complaint targets Dr. Kevin Rosenbach, who practices allergy and immunology in Naples, and his practice entity, Kevin P. Rosenbach, M.D. P.A. Federal prosecutors allege Rosenbach would change or add diagnoses to a rare immunodeficiency disease for patients who did not meet the definition of that disease, triggering Medicare Part B coverage for subcutaneous immune globulins dispensed by specialty pharmacies.
“The United States Attorney’s Office will vigorously pursue and prosecute those who violate the law and compromise the integrity of federally funded programs,” said U.S. Attorney Gregory W. Kehoe. “This action sends a message that our office will continue to protect Medicare funds and the valuable healthcare services the program provides.”
The case was investigated by the Department of Justice and the U.S. Department of Health and Human Services Office of Inspector General. Assistant United States Attorney Chad Spraker is litigating the matter on behalf of the United States. The claims asserted against Rosenbach are allegations only, and there has been no determination of liability.
The lawsuit follows the Department of Justice’s creation of the National Fraud Enforcement Division, announced April 7, whose core mission is to investigate and prosecute those who steal or fraudulently misuse taxpayer dollars. The division supports President Trump’s Task Force to Eliminate Fraud, a whole-of-government effort chaired by Vice President J.D. Vance to eliminate fraud, waste and abuse within federal benefit programs.
Tips about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477). The case is pending in the Middle District of Florida.