U.S. Justice Department files complaint against Mayo in whistleblower case.

1. United States Department of Justice
United States Attorney’s Office
District of Minnesota
B. Todd Jones,
United States Attorney
Jeanne F. Cooney
News Release
Director of Community Relations
(612) 664-5611
email: jeanne.cooney@usdoj.gov
FOR IMMEDIATE RELEASE
Monday, December 20, 2010
WWW.USDOJ.GOV/USAO/MN
Justice Department files Complaint
against Mayo Clinic
The U.S. Attorney’s Office for the District of Minnesota today announced that a civil
Complaint has been filed in an existing federal suit against the Mayo Clinic and three related
entities. The Complaint alleges that Mayo billed the federal government, including the Medicare
and Medicaid programs, for surgical pathology services not rendered.
The suit was originally brought under the qui tam, or “whistleblower,” provisions of the
False Claims Act. That statute allows private individuals to file civil actions on behalf of the
United States and share in any recoveries. Dr. David Ketroser, the lead whistleblower in this
case, is a physician and an attorney.
The U.S. Department of Justice intervened on claims arising from Mayo’s billing practices
at its pathology laboratories in Rochester, Minnesota. The government’s Complaint alleges that
over a period of many years, Mayo billed Medicare, Medicaid, and other federal health care
programs for surgical pathology services it never provided; specifically, the preparation and
examination of human tissue slides. The government asserts that each claim for payment Mayo
submitted to the government payers for non-existent surgical pathology slides and examinations
was false.
Mayo asserts that it has refunded some of the money received as a result of its false claims.
It appears, however, that Mayo failed to make any refunds until November 2008, after the
government had issued a subpoena in this matter. The government also asserts that Mayo’s
refunds were inadequate in many respects.
This matter is brought by the Justice Department’s Civil Division, the U.S. Attorney’s
Office for the District of Minnesota, and the U.S. Department of Health and Human Services-
Office of Inspector General. Assistant U.S. Attorneys Chad Blumenfield and Ann Bildtsen are

2. representing the U.S.
The case is entitled United States ex rel. Ketroser, et al. v. Mayo Foundation, Case No.07-
SC-4676 (D. Minn.)
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