New York Attorney General Letitia James announced today that a settlement has been reached between her office and Dr. David B DiMarco, MD and his companies D B DiMarco, MD, PC (DB DiMarco) and DiMarco Vein Centers LLC (DiMarco Vein Centers), securing more than $2 million for Medicaid.

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Dr. DiMarco Had Been Falsifying Claims for 6 Years

Dr. DiMarco owns DB DiMarco and DiMarco Vein Centers, medical practices with several locations in Western New York, including Lakewood, Olean, and Ellicottville.

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The OAG found that Dr. DiMarco submitted over 1,000 claims for procedures between 2015 and 2021 to Medicaid without sufficient documentation to show what procedures were actually performed or why the procedures were necessary, resulting in overpayment of Medicaid reimbursement. The investigation found that Dr. DiMarco's records did not show which procedures were actually performed, nor did they indicate why the procedures were medically necessary and thus eligible for Medicaid reimbursement.

Attorney General James had this to say about the settlement,

When providers scam Medicaid, they take resources and medical care away from New Yorkers in need. My office investigated Dr. DiMarco's illegal billing practices, and now we are returning more than $2 million in critical funding to the Medicaid program. My office will continue to hold Medicaid providers accountable to ensure we protect the integrity of this critical program.

As of the result of the settlement announced today, DiMarco will pay $2,139,037 to Medicaid and he will also withdraw from the NYS Medicaid program.

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Reporting Medicaid Provider Fraud

The Medicaid Control Fraud Unit (MFCU) defends the public by addressing Medicaid provider fraud and protecting nursing home residents from abuse and neglect. New York MFCU's total funding for federal fiscal year 2023 is over $65 million. Of that, 75% is awarded under a grant from the US Department of Health and Human Services. The remaining 25% is funded by the state. Through MFCU's recoveries in law enforcement action, it regularly returns more to the state than it receives in state funding.

If you have information about Medicaid provider fraud or know about abuse or neglect of a nursing home resident, please file a confidential complaint online or call the MFCU hotline (800) 771-7755.

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