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Kan. cardiologist pays $5.8M for alleged false billings, unnecessary procedures
WASHINGTON – Joseph P. Galichia M.D., a Wichita, Kansas, cardiologist, has agreed to pay $5.8 million to resolve allegations that he and his medical group, Galichia Medical Group, P.A. (GMED), violated the False Claims Act by improperly billing federal health care programs for medically unnecessary cardiac stent procedures, according to a media release from the U.S. Department of Justice.

Galichia also agreed to a three-year period of exclusion from participation in any federal health care program. The settlement relates to a lawsuit in which the United States intervened on Dec. 12, 2014.
“This settlement reflects the Department of Justice’s commitment to ensuring the safety of federal health care program beneficiaries and that taxpayer monies are properly spent,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division.
“Patient safety is critically important,” said U.S. Attorney Stephen McAllister for the District of Kansas. “Performing medically unnecessary procedures puts patients at risk and defrauds federal health care programs.”
“When a physician bills the government for medically unnecessary procedures, both patients’ health and taxpayers can end up paying the price,” said Special Agent in Charge Steve Hanson of the Office of Inspector General for the U.S. Department of Health and Human Services. “OIG is excluding Dr. Galichia from participation in Medicare, Medicaid, and other federal health care programs, and we will continue to work with our partners to protect the health and welfare of Medicare beneficiaries.”
The government contended that Galichia and GMED knowingly submitted false billings from Jan. 1, 2008, through Dec.31, 2014, for surgical procedures in which Galichia implanted coronary stents that were not medically necessary. The allegedly false billings were submitted to Medicare, the Defense Health Agency, and the Federal Employees Health Benefits Program.
This is the government’s third False Claims Act settlement with Galichia and GMED. In 2009, Galichia and GMED paid $1.3 million to settle allegations that they submitted claims for services not provided or lacking proper documentation. In 2000, Galichia and GMED paid $1.5 million to settle allegations that they submitted claims for a higher level of service than provided, billed twice for the same services, and billed for services not provided.
The settlement announced resolves allegations in a lawsuit filed by Aly Gadalla M.D., in the United States District Court for the District of Kansas. The lawsuit was filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. The Act also allows the government to intervene and take over the action, as it did in this case. Dr. Gadalla will receive approximately $1.16 million.
The government’s resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services (HHS), at 800-HHS-TIPS (800-447-8477).
The investigation was conducted by the U.S. Attorney’s Office for the District of Kansas and the Department of Justice’s Civil Division, in conjunction with the HHS-OIG, the FBI, the Defense Health Agency on behalf of the TRICARE program, the Defense Criminal Investigative Service of the Inspector General for the Department of Defense, and the Office of Personnel Management, Office of Inspector General.
Fire ravages downtown Topeka warehouse, damages apartments
TOPEKA, Kan. (AP) — Fire officials in Topeka are investigating what caused a massive fire that tore through a downtown warehouse.

The fire was reported Wednesday evening at the Trails Market and Gallery, and firefighters battled the flames into early Thursday morning. All that remains of the warehouse is an empty brick shell. No injuries were reported.
The fire spread to the Kansas Avenue Lofts, which opened only months ago. Firefighters say the blaze scorched the northeast end of the four-floor apartment building, but there was no indication early Thursday that the fire had gotten inside the lofts.
There were no immediate damage estimates from the fire. Fire investigators from both the city and state planned to begin the process Thursday morning of determining how and where the fire started.
Police: 14-year-olds in Kan. crash of stolen SUV involved in drive-by shooting
SEDGWICK COUNTY —Law enforcement authorities are investigating an injury accident involving five juveniles.

Just before 4p.m. Wednesday, police were dispatched to report of an injury accident involving a Volvo SUV near 25th and Raleigh in Wichita, according to officer Paul Cruz.
There were five 14-year-olds in the vehicle.
Investigators learned that the vehicle had been reported stolen early Wednesday morning, according to Cruz. Investigators also believe the vehicle may have been involved in a drive-by shooting in the 2700 Block of North Poplar just before the accident. Police did find an occupied residence that had been struck by gunfire. The victim at the home was not cooperating with the police investigation, according to Cruz.
EMS transported the five juveniles to an area hospital for treatment of non-life-threatening injuries.
Kansas lawmakers settle fiscal issues amid Medicaid protest
By JOHN HANNA
TOPEKA, Kan. (AP) — Republican legislators on Wednesday reversed actions by Kansas’ Democratic governor to reshape the state budget to her liking, but they couldn’t save a GOP tax relief plan and had their work briefly delayed by a loud protest in favor of expanding Medicaid.
Rep. @BrendaLandwehr urging colleagues to override the Governor’s budget vetoes. #ksleg pic.twitter.com/5iXb7ckjSq
— Dan Hawkins (@DanHawkinsKS) May 29, 2019
The GOP-controlled Legislature overrode Democratic Gov. Laura Kelly’s vetoes of several items in the next state budget, including an extra $51 million payment to the state’s public pension system to help boost its long-term financial stability. She had argued for socking away more funds in the state’s cash reserves as a hedge against a future economic downturn.
Republicans failed to override Kelly’s veto of a tax bill aimed at providing relief to businesses and individuals paying more in state income taxes because of changes in federal tax laws at the end of 2017. The governor argued that it would “decimate” the state budget as it saved taxpayers roughly $240 million over three years.
Lawmakers’ last scheduled day in session, often short and quiet in past years, turned raucous because of a protest for Medicaid expansion in the Senate gallery. When demonstrators refused to stop singing and chanting, the Senate halted its work to clear the gallery and floor — and a Capitol Police officer required reporters to leave the chamber temporarily.
Kelly’s inability to win passage of a plan to expand the state’s Medicaid health coverage for up to 150,000 additional people was her biggest setback since taking office in January. The House passed a plan in March but the Senate didn’t debate it because GOP leaders wanted further study and a vote on the issue next year.
“Lord, hear our prayer! We want health care!” the Rev. Sarah Oglesby-Dunegan, a Unitarian minister from Topeka, shouted from the gallery as the Senate took up budget issues.
Kelly has clashed with top Republicans most on taxes, pension funding and Medicaid expansion. Supporters say Medicaid expansion would provide health coverage to tens of thousands of poor and working-class families who cannot afford any private insurance or who are struggling to pay for it. Republican critics fear it would prove expensive for the state despite the federal government’s promise to cover most of the cost.
Lawmakers approved a record $18.4 billion budget for the fiscal year that begins in July, with extra money for public schools, higher education, social services and prisons.
The pension system for Kansas teachers and government workers is less than 70 percent funded over the long-term and GOP leaders argue that any extra step to close the gap is worth doing.
“This particular funding is just another step to getting this 800-pound gorilla off of our back,” said state Rep. Jim Kelly, a moderate Republican from southeastern Kansas who isn’t related to the goveror.
Laura Kelly also vetoed extra funds for community mental health centers and money targeted to reading and technical education programs in public schools.
Republican leaders had lawmakers vote on all of the budget vetoes in one package to increase their chances of getting the needed two-thirds majorities to override them. The votes were 27-11 in the Senate and 86-30 in the House, where four Democrats broke with the governor.
“Those were the worst things ever to cut from the budget,” said Sen. Molly Baumgardner, a conservative Kansas City-area Republican.
But Rep. Jim Ward, a Wichita Democrat, chided Republicans for supporting the additional spending while pursuing tax relief that he said would make the spending harder to sustain. Laura Kelly’s spokeswoman, Ashley All, said GOP lawmakers “failed to exercise fiscal responsibility.”
The House voted 78-39 to override the governor’s veto of the tax bill, but supporters needed 84 votes for a two-thirds majority in the 125-member chamber. Kelly also vetoed a larger GOP tax relief bill in March, and in Wednesday’s vote, six Republicans broke ranks with their leaders.
Top Republicans argued that it is unfair that some Kansans are automatically paying more in state taxes because of the federal tax changes, without any intervention by legislators.
Lawmakers had not expected to debate Medicaid expansion Wednesday. Advocates have been pushing expansion for seven years, stymied by Republican governors’ opposition until Kelly took office.
About 40 protesters stood outside the Senate chamber before it convened, chanting and singing. Nine went into the gallery to sing and chant slogans such as “Love God! Love People!” after Oglesby-Dunegan started the protest.
Capitol police and doorkeepers closed the gallery and tried to get the demonstrators out. Wagle’s aides tried to clear the Senate floor — though Democrats declined to leave.
Legally protected peaceful protest is consistent with some of the best traditions of American dissent. But sadly, today’s events were far from peaceful. The demonstrations were pure obstructionism that stifled debate, placing a roadblock in front of democracy. #ksleg pic.twitter.com/R7ndbWLtcQ
— Susan Wagle (@SenatorWagle) May 29, 2019
Wagle’s office tweeted that it wanted to clear the floor for safety reasons. But her chief of staff, Harrison Hems, told reporters they were giving demonstrators “an audience” by shooting pictures and recording video, making it harder to restore order.
He added, “It’s a privilege to have a press pass.”
Wagle later said her office wasn’t singling out reporters, only trying to clear the floor and end the demonstration. The Kansas Sunshine Coalition, an open-government advocacy group, filed a complaint with the state attorney general’s office.
Hems said nine demonstrators were arrested, but the Kansas Highway Patrol, which oversees the Capitol police, said all but Oglesby-Dunegan were merely escorted out of the gallery. She received a summons to appear in court on a possible misdemeanor charge of illegally interfering with public business, Patrol Lt. Stephen Larow said.
Kansas man captured after running from reported stolen car
SEDGWICK COUNTY — Law enforcement authorities are investigating a suspect on numerous charges after a brief chase in a reported stolen vehicle.

Just after 3:30 a.m. Wednesday, a police officer was on routine patrol observed a black Honda that had been reported stolen in the 500 block of south Edwards in Wichita, according to a media release.
The officer attempted to stop the vehicle when the driver later identified as 38-year-old Paul Corby refused to stop, accelerated and fled from police.
A very short police pursuit ensued to the alley in the 700 block of south Edwards and Corby fled from the vehicle on foot.
The officer located Corby in the 600 block of south Edwards and he was arrested without further incident. Corby was booked into jail on requested charges that include possession of cocaine, evade and elude, hit and run, possession of stolen property, traffic violations and outstanding warrants.
The case will be presented to the Sedgwick County District Attorney’s Office.
Kansas Senate confirms Kelly nominee to Court of Appeals

The vote Wednesday was 37-1 for Sarah Warner of Lenexa to be Court of Appeals judge.
The Democratic governor submitted Warner’s name to the Republican-controlled Senate after it rejected Labette County District Judge Jeffry Jack’s nomination over his political tweets in 2017.
Kelly tried to withdraw Jack’s nomination in March and touched off a legal battle. The Kansas Supreme Court ruledKelly could not legally withdraw the nomination.
Warner is a partner in a Lawrence law firm that has defended state abortion restrictions. Kelly supports abortion rights.
The only no vote came from independent Sen. John Doll of Garden City. He has been protesting a lack of appointees from western Kansas.
Kansas City zoo quietly resolves problem with wayward elephant
KANSAS CITY —Officials with the Kansas City Zoo reported a problem with an elephant on Wednesday.

Just after 3p.m., the zoo reported on social media, “We are currently in an active code red situation with an elephant in an area it should not be. No one is any immediate danger and we are taking all needed steps to bring this situation to a safe resolution. We will update you as information becomes available.”
We are ALL CLEAR. The elephant has returned safely, without incident to his barn.
— Kansas City Zoo (@KansasCityZoo) May 29, 2019
Less than hour later the zoo reported “We are all clear. The elephant has returned safely, without incident to his barn.”
Authorities have not released details on exactly what happened. They have not reported any injuries and the normal operations continued Wednesday evening.
NWS: Tuesday’s tornado near Lawrence rated EF-4

DOUGLAS COUNTY —Authorities have completed the damage survey of Tuesday’s Lawrence, Douglas County storm and determined the tornado had a preliminary rating of an EF4 with winds estimated as high as 170mph, according to the National Weather Service.
The tornado at 6:05 p.m. had a maximum width of one mile and was on the ground for over 31 miles and eventually lifted in southern Leavenworth County.
There were 18 reported injuries and no deaths.

Early Wednesday afternoon, approximately 160 houses, buildings and other structures in Douglas County have been searched and cleared by emergency personnel, according to Douglas County Emergency Management. An estimated 40 of the structures had sustained heavy damage and around 25 had sustained moderate damage.
Sheriff: Kansas teen learns importance of ‘turn around don’t drown’
TURON— A 18-year-old who didn’t realize how deep the water was Tuesday on a township road in southwest Reno County learned a valuable lesson.
Photo courtesy of the Reno County Sheriff’s Office.
Reno County Sheriff Sgt. Travis Vogt says this is a case where the road was not barricaded.
“As far as the township knew, the road was still considered open and I don’t think they knew the extent of the damage,” Vogt said.
“The driver was westbound on Silver Lake, there was water over the road and he committed to go westbound because that was a shorter distance. Once he got into the murky water, he realized that the hole was bigger than what he thought.”
The teen was able to get out of the truck, crawl on the top of the cab, then step on some dry land.
If you come to a road with high water — even if it’s not barricaded — your best bet is to turn around and find another route.
Kan. felon faces murder, robbery charges after weekend shooting
SHAWNEE COUNTY — Law enforcement authorities are investigating a fatal shooting and have a suspect in custody.

Just before 9:30p.m. Saturday, police responded to 1235 SW Huntoon in Topeka for a report of a shooting, according to Lt. Aaron Jones.
Bystanders were attempting to treat a single shooting victim identified as 34-year-old Darton A. Fields II of Topeka.
EMS transported Fields to a local hospital where he died, according to Jones.
Just before 7:30 p.m. Tuesday, police arrested Kristoffer Lee Klesath, 29, of Topeka for the homicide. Klesath was transported to the Shawnee County Department of Corrections on requested charges of 1st Degree Murder, Aggravated Robbery, and Felon in Possession of a Firearm, according to Manuel Munoz.
Klesath has previous convictions for robbery, aggravated battery and criminal damage to property, according to the Kansas Dept. of Corrections.
The Latest: Kansas lawmakers fail to override tax bill veto
I’m pleased legislators voted to stay on the path to recovery. Pro-business, pro-growth, pro-family tax policy can absolutely reshape Kansas for the better, but only if it fixes the failures of the past, instead of repeating them. #ksleg
— Governor Laura Kelly (@GovLauraKelly) May 29, 2019
The bill was designed to provide relief to individuals and businesses paying more in state income taxes because of changes in federal tax laws at the end of 2017.
It would have provided about $240 million in tax relief over three years. Kelly argued that it would “decimate” the state budget.
Republican leaders argued that it’s not fair to allow some Kansans to automatically pay more in state taxes because of the federal changes. But some GOP moderates backed Kelly’s veto.
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A protest by supporters of Medicaid expansion in a Kansas Senate gallery has temporarily shut down its work on other issues and led to the arrest of nine protesters.
The Republican-controlled Legislature did not plan to consider Medicaid expansion Wednesday, its last scheduled day in session this year. But about 40 protesters arrived at the Statehouse to protest in favor of it. The Kansas House passed a plan favored by Democratic Gov. Laura Kelly in March, but the state Senate never debated it.
The protest started when the Senate began considering overriding Kelly’s vetoes of several items in the next state budget. The protesters refused to stop singing and chanting. The Senate suspended its work and closed the gallery.
Harrison Hems, the Senate president’s chief of staff, says nine protesters were arrested.
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9:50 a.m.
Top Republican legislators in Kansas were preparing to test Democratic Gov. Laura Kelly’s power to shape the state budget and hold off a GOP push for income tax relief.
In agenda discussing the possible veto override attempts today, we had two very special guests visit: @GovLauraKelly and @LtGovRogers! #ksleg pic.twitter.com/SKx5EhayD3
— Kansas House Dems (@kshousedems) May 29, 2019
The Republican-dominated Legislature was convening Wednesday for its final day in session this year with Republicans looking to override Kelly’s veto of a GOP tax relief bill and vetoes of several spending items included in the next state budget. Those items included an extra $51 million payment to the state’s public pension system. Kelly argued that her vetoes promoted budget stability.
Republicans had the two-thirds majorities in both chambers needed to override vetoes. But GOP leaders worried that a few moderate Republicans might back Kelly or that a few lawmakers might not show for what is often a brief adjournment ceremony.