US Sues Florida Immunologist for False Medicare Claims on Immune Drugs

The United States filed a civil complaint on April 30, 2026, in the U.S. District Court for the Middle District of Florida against Dr. Kevin Rosenbach, an allergy and immunology specialist in Naples, and his professional association, Kevin P. Rosenbach, M.D. P.A., alleging they knowingly caused false claims for subcutaneous immune globulins to be submitted to Medicare Part B, per the Justice Department release.

The suit targets claims submitted by Rosenbach's practice for immune globulin treatments, which Medicare Part B reimburses for patients with immune deficiencies. Subcutaneous immune globulins are injectable medications used to boost immunity in individuals with weakened immune systems, and Medicare covers them when medically necessary.

The complaint does not specify the number of false claims or the total dollar amount involved, but such violations typically involve thousands of dollars per improper billing, based on standard Medicare reimbursement rates for these drugs, which range from $1,000 to $5,000 per monthly dose depending on the product and dosage.

Medicare Part B serves over 60 million enrollees nationwide, including elderly and disabled individuals, and processes billions in claims annually for outpatient services.

Prior to the suit, Rosenbach's practice operated without federal intervention on these claims, allowing continued billing to Medicare. The filing initiates a legal process that requires Rosenbach and his practice to respond in court, with potential outcomes including financial penalties and exclusion from federal health programs.

The case proceeds under the False Claims Act, which allows the government to seek treble damages plus civil penalties of up to $23,607 per false claim, adjusted for inflation as of 2026.

The suit activates several downstream mechanisms: The court will schedule discovery and potential trial, which could recover misspent Medicare funds and deter similar fraud in the healthcare sector. If successful, the Justice Department may impose compliance requirements on Rosenbach's practice, affecting its ability to bill federal programs.

Whistleblowers, if involved, could receive a share of any recovery under the False Claims Act's qui tam provisions, encouraging further reporting of healthcare fraud.

This action aligns with the Justice Department's ongoing enforcement against healthcare fraud, which recovered $2.2 billion in fiscal year 2025 from False Claims Act cases, per prior department reports. The Middle District of Florida has handled similar suits against providers for improper Medicare billings in recent years, including cases involving unnecessary diagnostic tests and upcoded services.