Letter to Judge Seybert Re: United States of America v. Perry Frankel, No. 2:22-cr-00180-JS (Dkt. 14, E.D.N.Y.)
Summary
In this May 4, 2022 letter to U.S. District Judge Joanna Seybert, Timothy D. Sini of Nixon Peabody, counsel for Dr. Perry Frankel, submits a bail condition the parties agreed on in No. 2:22-cr-00180-JS. Under the proposed condition, all claims Frankel submits to Medicare, Medicaid or any federal health care benefit program are reviewed by an independent auditor paid by Frankel. Frankel may not submit claims for evaluation and management office visits under CPT Codes 99202-99205 and 99212-99215 in connection with COVID-19 testing at mobile testing sites. The letter says the defense concedes no billing error and the government does not agree that audited claims are legitimate. It says the government joins the request, and the page carries a So Ordered line with Judge Seybert's name.
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Nixon Peabody LLP Timothy D. Sini
50 Jericho Quadrangle Partner
Suite 300
Jericho, NY 11753-2728
T / 516.832.7655
F / 833.875.0420
tsini@nixonpeabody.com
FI LED
IN CLERK'S OFFICE
U.S. DISTRICT COURT E.D.N.Y.
May 4, 2022 * MAY O5 2022 *
VIAECF LONG ISLAND OFFICE
Hon. Joanna Seybert
Alfonse M. D'Amato Federal Building
United States District Court
100 Federal Plaza, Courtroom 1030
Central Islip, New York 11722
RE: United States ofAmerica v. Perry Frankel, No. 2:22-cr-00180-JS
Dear Judge Seybert:
This Firm represents Dr. Perry Frankel in the above-referenced case. Per the Court's order at Dr.
Frankel's arraignment, the parties have conferred and reached an agreement regarding the bail
condition relating to the submission of claims to federal health care benefit programs, including
Medicare and Medicaid.
The parties submit for the Court's consideration the following condition:
All claims submitted or caused to be submitted by Dr. Frankel -to
Medicare, Medicaid, or any federal health care benefit program
shall be reviewed by an independent auditor paid by Dr. Frankel
per agreement of the parties. The Defendant is prohibited from
submitting or causing the submission of claims to Medicare,
Medicaid, or any federal health care benefit program for evaluation
and management office visits under CPT Codes 99202-99205 and
99212-99215 in connection with COVID-19 testing at mobile
testing sites.
In submitting this proposed condition of release, the parties also agree that the defendant does not
concede that any previous use of billing codes was erroneous or otherwise waive any defense to
this prosecution. For its part, the Government is not stipulating or agreeing that any claims
submitted or caused to be submitted by Dr. Frankel to federal healthcare benefit programs and
reviewed by the auditor are legitimate claims and that the services being billed for under the
claims were actually provided as represented.
Attorneys at Law
nixonpeabody.com
Hon. Joanna Seybert @NixonPeabodyllP
May 4, 2022
Page2
The Government previewed the contents of this letter and join in this request.
Very truly yours,
Isl Timothy D. Sini SO ORDERED:
/1 ~
Timothy D. Sini
j' Joanna Seybe5;tlSDJ
cc: Kelly M. Lyons, Esq. (via ECF)
Dated: s:-Central
!- 1. Z. 0 :2,.
Islip, NY
Patrick J. Campbell, Esq. (via ECF)
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