NJBIZ STAFF//August 9, 2005//
Bridgewater”s Allstate New Jersey Insurance and Encompass Insurance, part of the Ivantage Group, a division of The Allstate Corp. (NYSE: ALL) in Illinois, Thursday filed a multimillion dollar civil complaint against central New Jersey chiropractor Scott Greenberg, two doctors and their chiropractic businesses.Apart from Greenberg, others named in the lawsuit include Middlesex Diagnostic Associates, a neurological testing company; Accurate Billing Co., a medical billing business; Dr. Roman Sorin; Dr. Steven Brownstein; Neuro Muscular Medical Group; and Brunswick Imaging. The lawsuit, which has been filed in the Superior Court of Morris County, seeks restitution of more than $17 million paid to the defendants since 1993. It also seeks to halt all claims being made by the defendants. According to the complaint, Greenberg orchestrated a referral scheme to defraud the carriers. Greenberg has been specifically accused of illegally self-referring his chiropractic patients to Middlesex Diagnostic Associates, the mobile diagnostic facility in which he was the sole owner. In New Jersey, it is illegal for a chiropractor to own a diagnostic facility.The complaint further notes that after Greenberg closed Middlesex Diagnostic, he referred his patients to Neuro Muscular Medical Group, a diagnostic facility owned by Sorin. However, through a service agreement between Greenberg and Sorin, billing was exclusively done by Greenberg”s Accurate Billing Co. The terms of that agreement allowed Accurate Billing to keep 30% of the Neuro Muscular Group”s monthly gross income.The lawsuit contends that the 30% amount was a kickback from Sorin to Greenberg in exchange for the patient referrals.The complaint also notes that check payments from Brownstein”s Brunswick Imaging were received by a medical marketing facility in connection to two of Greenberg”s chiropractic facilities. The suit alleges that those checks were part of a referral and kickback scheme.Allstate New Jersey and Encompass Insurance have also alleged that Greenberg permitted unlicensed assistants to administer physical therapy treatment in violation of New Jersey law and regulations.Additionally, the complaint asserts that Greenberg routinely failed to collect the statutory personal injury protection co-pay and deductible from his patients. The failure to collect co-pay and deductibles is an indicator that the treatment and testing may be unnecessary, the lawsuit noted.