Fort Myers urologist to pay $250K for unnecessary medical tests

FORT MYERS, Fla.- A Fort Myers urologist has agreed to pay $250,000 to resolve allegations that he submitted claims to federal health care programs for laboratory tests that were not medically necessary. 

Robert A. Scappa works through Scappa Urology, a division of 21^st Century Oncology, a cancer care service headquartered in Fort Myers.

Authorities say Scappa submitted claims to Medicare and Tricare for FISH tests, laboratory tests performed on urine that can detect abnormalities associated with bladder cancer, that were not necessary. 

In January 2009, Scappa began referring all of the FISH testing ordered by him to a laboratory owned and operated by 21^st Century.

He was paid bonuses by the company based, in part, on the number of tests he referred to the company’s laboratory, officials said.

The allegations against Scappa were brought in a lawsuit filed by a former medical assistant who worked for David Spellberg, M.D. at Naples Urology Associates, another division of 21^st Century Oncology.

“In fighting health care fraud, it is important that individual physicians, as well as their employers, be held accountable,” stated U.S. Attorney Bentley. “Doctors should not be able to escape personal liability for health care fraud.”

“Tests ordered to increase profits rather than improve the healthcare of patients are an attack on Medicare and the American taxpayer,” said Shimon R. Richmond of the U.S. Department of Health and Human Services Office of Inspector General.

The claims resolved by the settlement are allegations only, and there has been no determination of liability.