A Maryland jury convicted laboratory owner Patrick Britton-Harr of Medicare fraud involving respiratory panels billed alongside COVID-19 testing at nursing homes; the federal program paid more than $7.2 million on the panel claims.
Jurors found Britton-Harr guilty Oct. 19 of five health care fraud counts and one transactional money laundering count. His company, Provista Health, LLC, submitted $18.7 million in claims for the panels over six months, the U.S. Department of Justice said. Medicare paid more than $7.2 million of that amount.
In 2020, Britton-Harr offered nursing homes COVID-19 tests that other laboratories performed. Provista separately sought Medicare payment for respiratory panels it claimed had been processed at his Arizona laboratory. Those panels tested for more than 30 respiratory pathogens.
Treating physicians had not ordered the panels, prosecutors said. Several physicians testified that they had never ordered such a panel for any patient. Evidence presented at trial showed Britton-Harr instructed staff to submit a panel claim whenever a COVID-19 test was performed. The evidence also showed billing continued after the Arizona laboratory closed and no longer had the equipment to run the panels. Some claims involved residents who had already died.
In a July 2023 civil complaint, the government alleged that the offer of no-cost COVID-19 testing attracted nursing homes while claims for the additional panels generated Medicare reimbursement. A separate civil case produced more than $26.3 million in default judgments against Britton-Harr and his companies in July 2024 after they failed to defend against the government’s allegations.
Medicare provides U.S. federal health coverage to people 65 and older and some younger people with qualifying conditions. Prosecutors said Britton-Harr used proceeds from the scheme to buy a $112,500 Porsche 911 and make $25,000 monthly mortgage payments on his Annapolis home.
Britton-Harr faces a statutory maximum of 10 years in prison on each of the six counts. The Justice Department said a sentencing hearing would be scheduled later.
