Boston Heart Diagnostics Kickback Scandal: $2 Million Settlement Marks New Chapter in Long-Running Fraud Case
A $2 million settlement adds to $61 million in recoveries from the Boston Heart Diagnostics kickback scheme involving illegal Medicare referral payments.


A Persistent Legal Shadow
The U.S. Department of Justice has secured another $2 million settlement, pushing the total financial recovery from the Boston Heart Diagnostics scandal well past the $60 million mark. This long-standing legal battle, which traces its origins back to whistleblower lawsuits filed in 2012, centers on a sophisticated scheme involving illegal kickbacks paid to physicians to secure Medicare lab test referrals.
The Anatomy of the Referral Scheme
Investigators uncovered a complex web of deception operating between 2015 and 2017. The Massachusetts-based cardiovascular testing company allegedly conspired with small Texas hospitals and independent marketers to facilitate the fraud. These marketers established entities known as Marketing Service Organizations (MSOs). Through these MSOs, payments were funneled to doctors under the guise of investment returns, effectively bribing them to send patient samples to Boston Heart and associated Texas facilities.
Executives Face Justice
While civil settlements have become a primary method for the government to recoup losses, criminal consequences have also been pursued. In 2023, following a grueling seven-week trial, former CEO Susan Hertzberg and former vice president of sales Matthew Theiler were convicted of healthcare kickback conspiracy. Despite warnings to cease these arrangements—specifically regarding the Texas hospital partnerships—federal prosecutors allege that the executives pushed forward with the expansion of the illicit program. Both individuals are currently appealing their convictions.
Uncovering Broader Industry Fraud
The Boston Heart investigation served as a catalyst for a wider crackdown on MSO-related fraud. Since 2019, the Department of Justice has successfully recovered over $61 million by targeting similar schemes, involving settlements with more than 50 physicians who accepted illegal distributions. This massive effort highlights the government's commitment to dismantling hidden financial incentives that compromise the integrity of federal healthcare programs.
Moving Toward Compliance
Patrick Noland, who assumed the presidency of Boston Heart in April 2017, has sought to distance the current operations from the "legacy issues" that defined the company’s past. In prior statements, Noland emphasized that the organization has undergone a complete transformation and operates under a different ethical framework than the one that sparked the 2012 qui tam filings. Neither the company nor the legal representatives for the recently settled parties offered comment on the latest developments.
Recent Developments
The latest $2 million settlement serves as a reminder of the ongoing scrutiny into healthcare fraud, providing breaking news for stakeholders in the diagnostic industry. These latest updates highlight how federal authorities continue to pursue accountability for past malpractice, keeping the pressure on providers to maintain transparency. You can follow all developments instantly on MedicareTicker.com.
Related Topics
🔹 Healthcare Fraud 🔹 Medicare Compliance 🔹 Kickback Schemes 🔹 Department of Justice 🔹 Diagnostic Laboratories 🔹 Whistleblower Lawsuits 🔹 Medical Ethics
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Frequently Asked Questions
What was the core of the Boston Heart Diagnostics scheme?
The company allegedly used Marketing Service Organizations (MSOs) to pay kickbacks to doctors disguised as investment returns. This incentivized physicians to refer Medicare patients to Boston Heart for cardiovascular testing.
How much has the DOJ recovered from this case?
The government has recovered over $61 million since 2019 related to these specific MSO-style kickback schemes. This includes the most recent $2 million settlement involving former executives.
Are the former executives still facing criminal charges?
Yes, former CEO Susan Hertzberg and former VP Matthew Theiler were convicted of healthcare kickback conspiracy in 2023. They are currently in the process of appealing these criminal convictions.