1 SETTLEMENT AGREEMENT

2
This Settlement Agreement (“Agreement”) is entered into among the United States of America,
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acting through the United States Department of Justice and on behalf of the Office of Inspector General
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(“OIG-HHS”) of the Department of Health and Human Services (“HHS”) (collectively, the “United
5

6 States”) and the State of California, acting through the California Department of Justice Division,

7 Medi-Cal Fraud and Elder Abuse (“California”) (collectively, the “Governments”), defendants Joel

8 Aronowitz; Joel A. Aronowitz, M.D., a medical corporation; Tower Multi-Specialty Medical Group;
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Tower Wound Care Center of Santa Monica, Inc.; Tower Outpatient Surgery Center, Inc.; Daniel
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Aronowitz; Tower Medical Billing Solutions; and Fiona Chalom (collectively, “Defendants”); and TDP
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RCM Services, LLC, Jason B. Morris, and Harold Bautista (collectively, “Relators”) (hereafter
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collectively referred to as “the Parties”), through their authorized representatives.
13

14 RECITALS

15 A. Joel A. Aronowitz (“Dr. Aronowitz”) is a resident of the State of California. He is a

16 board-certified plastic surgeon and the owner and chief executive officer of: (1) Joel A. Aronowitz,
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M.D. d/b/a Tower Multi-Specialty Medical Group; (2) Tower Wound Care Center of Santa Monica,
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Inc.; and (3) Tower Outpatient Surgery Center, Inc.
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B. Joel A. Aronowitz, M.D. d/b/a Tower Multi-Specialty Medical Group (“TMMG”) is a
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21 California medical corporation with its principal place of business at 8635 W. Third Street, Suite

22 1090W, Los Angeles, California 90048. TMMG provides professional medical services in the

23 physician office and outpatient ambulatory surgery center facility.

24 C. Tower Wound Care Center of Santa Monica, Inc. (“TWSM”) is a California corporation
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with its principal place of business at 8635 W. Third Street, Suite 1090W, Los Angeles, California
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90048. TWSM operates as an outpatient ambulatory surgery center facility.
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 D. Tower Outpatient Surgery Center, Inc. (“TOSC”) is a California corporation with its
1

2 principal place of business at 8635 W. Third Street, Suite 1090W, Los Angeles, California 90048.

3 TOSC also operates as an outpatient ambulatory surgery center facility.

4 E. Daniel Aronowitz is a resident of the State of California and Dr. Aronowitz’s son.
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Daniel was the Director of Revenue Cycle Management for TWSM and the chief executive officer of
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Tower Medical Billing Solutions (“TMBS”). Daniel Aronowitz discontinued his role at TMBS in
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September 2021.
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F. TMBS is a California corporation with its principal place of business at 8635 W. Third
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10 Street, Suite 1090W, Los Angeles, California 90048. Until it discontinued operations on June 1, 2021,

11 TMBS provided medical billing services to Dr. Aronowitz, TMMG, TWSM, TOSC, and other
12 unrelated third-party providers.
13
G. Fiona Chalom (“Ms. Chalom”) is Dr. Aronowitz’s wife, and Daniel Aronowitz’s mother.
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She is a member of a community estate with Dr. Aronowitz.
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H. Pursuant to the qui tam provisions of the False Claims Act, 31 U.S.C. § 3730(b), and the
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17 California False Claims Act, California Government Code § 12652(c), the Relators filed the following

18 civil actions (collectively the “Civil Actions”):

19 (1) On February 7, 2020, TDP RCM Services, LLC filed a qui tam action in the
20 United States District Court for the Central District of California captioned United States ex rel. and the
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State of California ex rel. TDP RCM Servs. v. Dr. Joel Aronowitz, et al., No. CV 20-1248.
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(2) On October 6, 2020, Jason B. Morris filed a qui tam action in the United States
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District Court for the Central District of California captioned United States ex rel. and the State of
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25 California ex rel. Morris v. Tower Wound Care Center of Santa Monica, Inc., et al., No. CV 20-9238.

26 (3) On May 23, 2022, Harold Bautista filed an operative first amended qui tam

27 complaint in the United States District Court for the Central District of California captioned United
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 States ex rel. and the State of California ex rel. Bautista v. Tower Outpatient Surgery Center, Inc., et
1

2 al., No. CV 22-1902.

3 I. The Governments contend that Defendants, but not Ms. Chalom, submitted or caused to

4 be submitted claims for payment to the Medicare Program, Title XVIII of the Social Security Act, 42
5
U.S.C. §§ 1395-1395lll (“Medicare”) and the Medicaid Program, 42 U.S.C. §§ 1396-1396w-5
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(“Medicaid”).
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J. The Governments contend that they have certain civil claims against Defendants, but not
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Ms. Chalom, related to the improper billing of skin grafts from January 1, 2015, through March 21,
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10 2021. The specific alleged conduct giving rise to the Governments’ contentions is as follows (and

11 referred to hereinafter as the “Covered Conduct”):

12 (1) From January 1, 2015, to December 31, 2017, Defendants falsely and knowingly
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billed government healthcare programs as if all wound care procedures took place in an ambulatory
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surgery center, when in fact they took place in a physician office. By falsifying the location of the
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procedure, Defendants received excess reimbursements.
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17 (2) From January 1, 2018, to September 30, 2018, Defendants falsely and knowingly

18 stated that wound care procedures using the skin substitute EpiFix occurred both in the physician office

19 and in the ambulatory surgery center, when the same procedure could occur in only one location and, in
20 fact, took place almost exclusively in the physician office. By falsifying the location of the procedure,
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Defendants received excess reimbursements.
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(3) From October 1, 2020, to March 21, 2021, Defendants falsely and knowingly
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stated that wound care procedures using the skin substitute PuraPly occurred both in the physician
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25 office and in the ambulatory surgery center, when the same procedure could occur in only one location

26 and, in fact, took place almost exclusively in the physician office. By falsifying the location of the

27 procedure, Defendants received excess reimbursements.

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 (4) From October 1, 2018, to September 30, 2020, Defendants falsely and knowingly
1

2 stated that, when performing a wound care procedure, the skin substitute PuraPly was supplied by both

3 the ambulatory surgery center facility and the doctor performing the wound care procedure at the

4 ambulatory surgery center. In fact, either the facility or the doctor—but not both—supplied the
5
PuraPly. By billing as if an individual piece of PuraPly had been supplied by two different sources,
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Defendants received excess reimbursements.
7
(5) Certain skin substitute products, like PuraPly and EpiFix, are designated to be
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single-use products. A physician is expected to use one sheet of material per patient, discard any
9

10 leftover material, and seek reimbursement for both the used and unused portions. From approximately

11 2015 to March 21, 2021, however, Defendants falsely and knowingly billed government healthcare
12 programs as if they had discarded unused portions of single-use skin substitutes, such as PuraPly and
13
EpiFix, and appropriately sought reimbursement for those discarded portions. In fact, Defendants did
14
not discard them and, instead, kept the unused portions for use on subsequent Medicare and Medicaid
15
beneficiaries. This resulted in Defendants submitting multiple claims for the same piece of single-use
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17 skin products.

18 K. This Settlement Agreement is neither an admission of liability by Defendants nor a

19 concession by the United States that its claims are not well founded.
20 L. Relators claim entitlement under 31 U.S.C. § 3730(d) and California Government Code
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§ 12652(g) to a share of the proceeds of this Agreement and to Relators’ reasonable expenses,
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attorneys’ fees, and costs.
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M. Upon the execution of this Agreement, the relevant Defendants shall dismiss with
24

25 prejudice Tower Outpatient Surgery Center, Inc. et al. v. United States of America, et al., No. LACV

26 21-9783 DMG (RAOx).

27

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 To avoid the delay, uncertainty, inconvenience, and expense of protracted litigation of the above
1

2 claims, and in consideration of the mutual promises and obligations of this Agreement, the Parties agree

3 and covenant as follows:

4 TERMS AND CONDITIONS

5
1. Defendants shall pay to the United States and California $23,900,000 (“Settlement
6
Amount”) and interest on the Settlement Amount at a rate of 3.875% per annum from December 8,
7
2022, as follows:
8
a. Defendants shall pay to the United States $23,402,381 plus interest at a rate of
9

10 3.875% per annum from December 8, 2022, of which $11,701,190.50 is restitution. Payment of the full

11 Settlement Amount is due no later than 365 days after the Effective Date of this Agreement by
12 electronic funds transfer pursuant to written instructions to be provided by the Civil Division of the
13
United States Department of Justice.
14
b. Defendants shall pay to California $497,619 plus interest at a rate of 3.875% per
15
annum from December 8, 2022, of which $212,636.06 is restitution. This is not an additional payment,
16

17 but rather payable from the total $23,900,000 Settlement Amount. Payment of the full Settlement

18 Amount is due no later than 365 days after the Effective Date of this Agreement by electronic funds

19 transfer pursuant to written instructions to be provided by the California Department of Justice Division
20 of Medi-Cal Fraud and Elder Abuse.
21
2. Interest will, at all times, be applied only to the outstanding Settlement Amount, and
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Defendants shall fully collateralize any unpaid and due Settlement Amount through cash deposits and
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insured and recorded encumbrances (such as deeds of trust) on one or more parcels of real property.
24

25 As specified in Exhibit C, all payments transmitted to the United States Department of Justice or to

26 Defendants’ counsel prior to the execution of this Agreement will be applied against the total

27 Settlement Amount as of the date of each transmission. All monies in the possession of Defendants’
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 counsel at the time of execution of the Agreement will be transmitted to the Governments within five
1

2 business days of execution. The collateral value of each real property will be its fair market value at the

3 time of the execution of the Settlement Agreement set forth in a real estate appraisal by a qualified

4 appraiser selected by the Governments and agreed upon by Defendants. Defendants shall provide and
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maintain collateral in the full outstanding balance of the Settlement Amount. If Defendants reduce the
6
outstanding balance of the Settlement Amount, Defendants will have the right to request in writing, and
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the Governments shall agree, to provide Defendants with a recordable Release of Deed of Trust or
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similar instrument within a reasonable time on any specific parcel of real property, as long as the
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10 remaining collateral, valued at the time of Defendants’ written request, exceeds the full outstanding

11 balance of the Settlement Amount. To the extent Defendants use proceeds from the future sale of real
12 property or other assets to satisfy any portion of the Settlement Amount, Defendants shall initiate
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payment to the United States and California within five (5) business days following the close of escrow
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on any such real property or within five (5) business days following Defendants’ receipt of the proceeds
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from the sale of any other asset.
16

17 3. Subject to the exceptions in Paragraph 6 (concerning reserved claims), Paragraph 17

18 (concerning default), and Paragraph 18 (concerning bankruptcy) below, and upon the United States’

19 receipt of its share of the Settlement Amount, plus interest due under Paragraph 1, the United States
20 releases Defendants from any civil or administrative monetary claim the United States has for the
21
Covered Conduct under the False Claims Act, 31 U.S.C. §§ 3729-3733; the Civil Monetary Penalties
22
Law, 42 U.S.C. § 1320a-7a; the Program Fraud Civil Remedies Act, 31 U.S.C. §§ 3801-3812; or the
23
common law theories of payment by mistake, unjust enrichment, and fraud.
24

25 4. Subject to the exceptions in Paragraph 7 (concerning reserved claims), Paragraph 17

26 (concerning default), and Paragraph 18 (concerning bankruptcy) below, and upon full payment of the

27 California Settlement Amount, California will release Defendants from any civil or administrative
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 monetary claim California has for the Covered Conduct under the California False Claims Act, Cal.
1

2 Gov’t Code §§ 12650-12656, other statutory claims, or the common law theories of payment by

3 mistake, quantum meruit, unjust enrichment, and fraud.

4 5. Subject to the exceptions in Paragraphs 6 and 7 below, and upon the Governments’
5
receipt of the Settlement Amount, plus interest due under Paragraph 1, Relators, for themselves and for
6
their heirs, successors, attorneys, agents, and assigns, release Defendants from any civil monetary claim
7
the Relators have on behalf of the United States and California for the Covered Conduct under the False
8
Claims Act, 31 U.S.C. §§ 3729-3733 and the California False Claims Act, California Government Code
9

10 §§ 12650-12656.

11 6. Notwithstanding the releases given in Paragraph 3 of this Agreement, or any other term
12 of this Agreement, the following claims and rights of the United States are specifically reserved and are
13
not released:
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a. Any liability arising under Title 26, U.S. Code (Internal Revenue Code);
15
b. Any criminal liability;
16

17 c. Except as explicitly stated in this Agreement, any administrative liability or

18 enforcement right, including mandatory or permissive exclusion from Federal

19 health care programs;

20 d. Any liability to the United States (or its agencies) for any conduct other than the
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Covered Conduct;
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e. Any liability based upon obligations created by this Agreement; and
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f. Any liability of individuals other than as expressly released herein.
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25 7. Notwithstanding the releases given in Paragraph 4 of this Agreement, or any other term

26 of this Agreement, the following claims of California are specifically reserved and are not released:

27 a. Any criminal, civil, or administrative liability arising under California

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 revenue codes;
1

2 b. Any criminal liability;

3 c. Any civil or administrative liability that any person or entity, including the

4 Defendant, has or may have to California or to individual consumers or state

5
program payors under any statute, regulation, or rule not expressly covered by
6
the releases in Paragraphs 2 through 5 above, including, but not limited to, any
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and all of the following claims: (i) state or federal antitrust violations; and (ii)
8
claims involving unfair and/or deceptive acts and practices and/or violations of
9

10 consumer protection laws;

11 d. Any liability to California for any conduct other than the Covered Conduct;
12 e. Any liability based upon obligations created by this Agreement;
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f. Except as explicitly stated in this Agreement, any administrative liability,
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including mandatory or permissive exclusions from California’s Medicaid
15
Program;
16

17 g. Any liability for expressed or implied warranty claims or other claims for

18 defective or deficient products and services, including quality of goods and

19 services;
20 h. Any liability for personal injury or property damage or for other consequential
21
damages arising from the Covered Conduct;
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i. Any liability for failure to deliver goods or services due; and
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j. Any liability of individuals other than as expressly released herein.
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25 8. Relators and their heirs, successors, attorneys, agents, and assigns shall not object to this

26 Agreement but agree and confirm that this Agreement is fair, adequate, and reasonable under all the

27 circumstances, pursuant to the False Claims Act, including 31 U.S.C. § 3730(c)(2)(B), and California
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 Government Code § 12652(e)(2)(B). In connection with this Agreement and the Civil Actions,
1

2 Relators and their heirs, successors, attorneys, agents, and assigns agree that neither this Agreement,

3 any intervention by the Governments in the Civil Actions in order to dismiss the Civil Actions, nor any

4 dismissal of the Civil Actions, shall waive or otherwise affect the ability of the Governments to contend
5
that provisions in the False Claims Act, including 31 U.S.C. §§ 3730(d)(3) and 3730(e), and the
6
California False Claims Act bar Relators from sharing in the proceeds of this Agreement. Moreover,
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the Governments and Relators and their heirs, successors, attorneys, agents, and assigns agree that they
8
each retain all of their rights pursuant to the False Claims Act and the California False Claims Act on
9

10 the issue of the share percentage, if any, that Relators should receive of any proceeds of the settlement

11 of their claim(s).
12 9. Relators, for themselves, and for their heirs, successors, attorneys, agents, and assigns,
13
release Defendants, and their officers, agents, and employees, from any liability to Relators arising
14
from or related to the Civil Actions and the “Covered Conduct” described in this Agreement, as well
15
any and all other liability, claims, demands, actions, or causes of action whatsoever, whether known or
16

17 unknown, fixed or contingent, in law or in equity, in contract or in tort, under any federal or state statute

18 or regulation, or in common law, that any Relator otherwise would have standing to bring for

19 themselves or any other person or entity as of the date of this Agreement, conditioned upon the
20 Government’s receipt of the full Settlement Amount and subsequent payment of the full Relator’s
21
share, except that, Relators, for themselves, and for their heirs, successors, attorneys, agents, members,
22
and assigns, retain their rights to petition the Court for statutory attorneys’ fees, expenses and costs
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under 31 U.S.C. § 3730(d) and Cal. Gov’t Code § 12652, to the extent pleaded in their respective
24

25 operative Civil Actions, and receive those statutory attorneys’ fees, expenses and costs, although

26 Defendants reserve their right to challenge any Relator’s claim to fees, costs, and expenses.

27

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 10. Voluntary Exclusion
1

2 a. In compromise and settlement of the rights of OIG-HHS to exclude Dr.

3 Aronowitz and TMMG pursuant to 42 U.S.C. § 1320a-7(b)(7), based upon the Covered Conduct, Dr.

4 Aronowitz and TMMG agree to be excluded under this statutory provision from Medicare, Medicaid,
5
and all other Federal health care programs, as defined in 42 U.S.C. § 1320a-7b(f), for a period of 15
6
years. The exclusion shall be effective upon the Effective Date of this Agreement.
7
b. Such exclusion shall have national effect. Federal health care programs shall not
8
pay anyone for items or services, including administrative and management services, furnished,
9

10 ordered, or prescribed by Dr. Aronowitz and TMMG in any capacity while Dr. Aronowitz and TMMG

11 are excluded. This payment prohibition applies to Dr. Aronowitz and TMMG and all other individuals
12 and entities (including, for example, anyone who employs or contracts with Dr. Aronowitz and TMMG,
13
and any hospital or other provider where Dr. Aronowitz and TMMG provide services). The exclusion
14
applies regardless of who submits the claim or other request for payment. Violation of the conditions
15
of the exclusion may result in criminal prosecution, the imposition of civil monetary penalties and
16

17 assessments, and an additional period of exclusion. Dr. Aronowitz and TMMG further agree to hold

18 the Federal health care programs, and all federal beneficiaries and/or sponsors, harmless from any

19 financial responsibility for items or services furnished, ordered, or prescribed to such beneficiaries or
20 sponsors after the effective date of the exclusion. Dr. Aronowitz and TMMG waive any further notice
21
of the exclusion and agree not to contest such exclusion either administratively or in any state or federal
22
court.
23
c. Reinstatement to program participation is not automatic. If Dr. Aronowitz and
24

25 TMMG wish to be reinstated, Dr. Aronowitz and TMMG must submit a written request for

26 reinstatement to the OIG in accordance with the provisions of 42 C.F.R. §§ 1001.3001-.3005. Such

27 request may be made to the OIG no earlier than 90 days prior to the expiration of the 15-year period of
28
 exclusion. Reinstatement becomes effective upon application by Dr. Aronowitz and TMMG, approval
1

2 of the application by the OIG, and notice of reinstatement by the OIG. Obtaining another license,

3 moving to another state, or obtaining a provider number from a Medicare contractor, a state agency, or

4 a Federal health care program does not reinstate Dr. Aronowitz’s and TMMG’s eligibility to participate
5
in these programs.
6
11. Defendants waive and shall not assert any defenses Defendants may have to any criminal
7
prosecution or administrative action relating to the Covered Conduct that may be based in whole or in
8
part on a contention that, under the Double Jeopardy Clause in the Fifth Amendment of the
9

10 Constitution, or under the Excessive Fines Clause in the Eighth Amendment of the Constitution, this

11 Agreement bars a remedy sought in such criminal prosecution or administrative action.

12 12. Defendants fully and finally release the Governments, their agencies, officers, agents,
13
employees, and servants, from any claims (including attorneys’ fees, costs, and expenses of every kind
14
and however denominated) that Defendants have asserted, could have asserted, or may assert in the
15
future against the Governments, their agencies, officers, agents, employees, and servants, related to the
16

17 Covered Conduct or the Governments’ investigation or prosecution thereof.

18 13. Defendants, and their officers, agents, heirs, successors, attorneys, members, assigns,

19 and employees fully and finally release the Relators, and Relators’ heirs, successors, attorneys, agents,
20 members, and assigns (collectively, “Relator Releasees”), from any and all claims (including attorneys’
21
fees, costs, and expenses of every kind and however denominated), proceedings, liens, and causes of
22
action that Defendants have asserted, could have asserted, or may assert in the future against the Relator
23
Releasees, related to the Covered Conduct, the Civil Actions, and the Relator Releasees’ investigations,
24

25 disclosures of information, communications, and prosecution thereof, as well any and all other liability,

26 claims, demands, actions, or causes of action whatsoever, whether known or unknown, fixed or

27 contingent, in law or in equity, in contract or in tort, under any federal or state statute or regulation, or
28
 in common law, that Defendants otherwise would have standing to bring for themselves or any other
1

2 person or entity as of the date of this Agreement.

3 14. The Settlement Amount shall not be decreased as a result of the denial of claims for

4 payment now being withheld from payment by any Medicare contractor (e.g., Medicare Administrative
5
Contractor, fiscal intermediary, carrier) or any state payer, related to the Covered Conduct; and
6
Defendants agree not to resubmit to any Medicare contractor or any state payer any previously denied
7
claims related to the Covered Conduct, agree not to appeal any such denials of claims, and agree to
8
withdraw any such pending appeals.
9

10 15. Defendants agree to the following:

11 a. Unallowable Costs Defined: All costs (as defined in the Federal Acquisition
12 Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C.
13
§§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated
14
thereunder) incurred by or on behalf of Defendants, their present or former officers, directors,
15
employees, shareholders, and agents in connection with:
16

17 (1) the matters covered by this Agreement;

18 (2) the United States’ audit(s) and civil investigation(s) of the matters covered by

19 this Agreement;
20 (3) Defendants’ investigation, defense, and corrective actions undertaken in response
21
to the Governments’ audit(s) and civil investigation(s) in connection with the
22
matters covered by this Agreement (including attorneys’ fees);
23
(4) the negotiation and performance of this Agreement; and
24

25 (5) the payment Defendants make to the United States pursuant to this Agreement

26 and any payments that Defendants may make to Relator, including costs and

27 attorneys’ fees,
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 are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid
1

2 Program, TRICARE Program, and Federal Employees Health Benefits Program (“FEHBP”)

3 (hereinafter referred to as “Unallowable Costs”).

4 b. Future Treatment of Unallowable Costs: Unallowable Costs shall be separately

5
determined and accounted for by Defendants, and Defendants shall not charge such Unallowable Costs
6
directly or indirectly to any contracts with the United States or any State Medicaid program, or seek
7
payment for such Unallowable Costs through any cost report, cost statement, information statement, or
8
payment request submitted by Defendants or any of its subsidiaries or affiliates to the Medicare,
9

10 Medicaid, TRICARE, or FEHBP Programs.

11 c. Treatment of Unallowable Costs Previously Submitted for Payment: Defendants

12 further agree that within 90 days after the Effective Date of this Agreement they shall identify to
13
applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and
14
FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments
15
previously sought from the United States, or any State Medicaid program, including, but not limited to,
16

17 payments sought in any cost reports, cost statements, information reports, or payment requests already

18 submitted by Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such

19 cost reports, cost statements, information reports, or payment requests, even if already settled, be
20 adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree that the
21
United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus
22
applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-
23
submitted cost reports, information reports, cost statements, or requests for payment.
24

25 Any payments due after the adjustments have been made shall be paid to the United States

26 pursuant to the direction of the Department of Justice and/or the affected agencies. The United States

27 reserves its rights to disagree with any calculations submitted by Defendants or any of its subsidiaries
28
 or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on
1

2 Defendants or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

3 d. Nothing in this Agreement shall constitute a waiver of the rights of the United

4 States to audit, examine, or re-examine Defendants’ books and records to determine that no
5
Unallowable Costs have been claimed in accordance with the provisions of this paragraph.
6
16. The Parties shall enter the Stipulation for Entry of Consent Judgment Against
7
Defendants attached here as Exhibit A, which seeks entry of the Consent Judgment attached here as
8
Exhibit B. The parties agree, consistent with and pursuant to the Stipulation for Entry of Consent
9

10 Judgement Against Defendants and the Consent Judgment, that the District Court will retain

11 jurisdiction over this action until (a) the filing of a Satisfaction of Judgment as to the United States, (b)
12 the filing of a Satisfaction of Judgment as to California, (c) the filing of Satisfaction of Judgment as to
13
each of the Relators, and (d) final resolution of any issues related to Relators’ statutory share from the
14
United States pursuant to 31 U.S.C. § 3730(d)(1).
15
17. a. As specified in Exhibits A and B attached here, in the event that Defendants fail to pay
16

17 the Settlement Amount as provided in the payment schedule set forth in Paragraph 1 above, Defendants

18 shall be in Default of their payment obligations (“Default”). The United States will provide a written

19 notice of default (“Notice of Default”) (which it may transmit via email), and Defendants shall have an
20 opportunity to cure such Default within fourteen (14) calendar days from the date of receipt of the
21
Notice of Default by making the payment due under the payment schedule and paying any additional
22
interest accruing under the Settlement Agreement up to the date of payment. Notice of Default will be
23
delivered to Defendants through counsel, Terree Bowers, at 555 West Fifth Street, 48th Floor, Los
24

25 Angeles, CA 90013, [email protected], or to such other representative as Defendants shall

26 designate in advance in writing. If Defendants fails to cure the Default within fourteen (14) calendar

27 days of receiving the Notice of Default and in the absence of an agreement with the United States to a
28
 modified payment schedule (“Uncured Default”), the remaining unpaid balance of the Settlement
1

2 Amount shall become immediately due and payable, and interest on the remaining unpaid balance shall

3 thereafter accrue at the rate of 12.375% per annum, compounded daily from the date of Default, on the

4 remaining unpaid total (principal and interest balance).

5
b. In the event of Uncured Default, Defendants agree that the United States, at its
6
sole discretion, may (i) retain any payments previously made, rescind this Agreement and pursue the
7
Civil Action or bring any civil and/or administrative claim, action, or proceeding against Defendants for
8
the claims that would otherwise be covered by the releases provided in Paragraph 3 above, with any
9

10 recovery reduced by the amount of any payments previously made by Defendants to the United States

11 under this Agreement; (ii) take any action to enforce this Agreement in a new action or by reinstating
12 the Civil Action; (iii) offset the remaining unpaid balance from any amounts due and owing to
13
Defendants and/or affiliated companies by any department, agency, or agent of the United States at the
14
time of Default or subsequently; and/or (iv) exercise any other right granted by law, or under the terms
15
of this Agreement, or recognizable at common law or in equity. The United States shall be entitled to
16

17 any other rights granted by law or in equity by reason of Default, including referral of this matter for

18 private collection. In the event the United States pursues a collection action, Defendants agree

19 immediately to pay the United States the greater of (i) a ten-percent (10%) surcharge of the amount
20 collected, as allowed by 28 U.S.C. § 3011(a), or (ii) the United States’ reasonable attorneys’ fees and
21
expenses incurred in such an action. In the event that the United States opts to rescind this Agreement
22
pursuant to this paragraph, Defendants waive and agree not to plead, argue, or otherwise raise any
23
defenses of statute of limitations, laches, estoppel or similar theories, to any civil or administrative
24

25 claims that are (i) filed by the United States against Defendants within 120 days of written notification

26 that this Agreement has been rescinded, and (ii) relate to the Covered Conduct, except to the extent

27 these defenses were available before January 1, 2015. Defendants agree not to contest any offset,
28
 recoupment, and/or collection action undertaken by the United States pursuant to this paragraph, either
1

2 administratively or in any state or federal court, except on the grounds of actual payment to the United

3 States.

4 c. In the event of Uncured Default, OIG-HHS may exclude Defendants from

5
participating in all Federal health care programs until Defendants pay the Settlement Amount, with
6
interest, as set forth above (“Exclusion for Default”). OIG-HHS will provide written notice of any such
7
exclusion to Defendants. Defendants waive any further notice of the exclusion under 42 U.S.C. §
8
1320a-7(b)(7), and agree not to contest such exclusion either administratively or in any state or federal
9

10 court. Reinstatement to program participation is not automatic. If at the end of the period of exclusion,

11 Defendants wish to apply for reinstatement, they must submit a written request for reinstatement to
12 OIG-HHS in accordance with the provisions of 42 C.F.R. §§ 1001.3001-.3005. Defendants will not be
13
reinstated unless and until OIG-HHS approves such request for reinstatement. The option for Exclusion
14
for Default is in addition to, and not in lieu of, the options identified in this Agreement or otherwise
15
available.
16

17 18. In exchange for valuable consideration provided in this Agreement, Defendants and

18 Relators acknowledge the following:

19 a. Defendants have reviewed their financial situations and warrant that they are
20 solvent within the meaning of 11 U.S.C. §§ 547(b)(3) and 548(a)(1)(B)(ii)(I) and shall remain solvent
21
following payment to the United States of the Settlement Amount.
22
b. In evaluating whether to execute this Agreement, the Parties intend that the
23
mutual promises, covenants, and obligations set forth herein constitute a contemporaneous exchange for
24

25 new value given to Defendants, within the meaning of 11 U.S.C. § 547(c)(1), and the Parties conclude

26 that these mutual promises, covenants, and obligations do, in fact, constitute such a contemporaneous

27 exchange.
28
 c. The mutual promises, covenants, and obligations set forth herein are intended by
1

2 the Parties to, and do in fact, constitute a reasonably equivalent exchange of value.

3 d. The Parties do not intend to hinder, delay, or defraud any entity to which

4 Defendants were or became indebted to on or after the date of any transfer contemplated in this
5
Agreement, within the meaning of 11 U.S.C. § 548(a)(1).
6
e. If any of Defendants’ payments or obligations under this Agreement are avoided
7
for any reason (including but not limited to, through the exercise of a trustee’s avoidance powers under
8
the Bankruptcy Code) or if, before the Settlement Amount is paid in full, Defendants or a third party
9

10 commences a case, proceeding, or other action under any law relating to bankruptcy, insolvency,

11 reorganization, or relief of debtors seeking any order for relief of Defendants’ debts, or to adjudicate
12 Defendants as bankrupt or insolvent; or seeking appointment of a receiver, trustee, custodian, or other
13
similar official for Defendants or for all or any substantial part of Defendants’ assets:
14
(1) the United States may rescind the releases in this Agreement and bring any
15
civil and/or administrative claim, action, or proceeding against Defendants for the claims that would
16

17 otherwise be covered by the releases provided in Paragraph 3 above;

18 (2) the United States has an undisputed, noncontingent, and liquidated allowed

19 claim against Defendants in the amount of $59,750,000, less any payments received pursuant to
20 Paragraph 1 of this Agreement, provided, however, that such payments are not otherwise avoided and
21
recovered from the United States by a receiver, trustee, creditor, custodian, or similar official.
22
(3) if any payments are avoided and recovered by a receiver, trustee, creditor,
23
custodian, or similar official, the United States shall not be responsible for the return of any amounts
24

25 already paid by the United States to the Relator; and

26 (4) if, notwithstanding subparagraph (3), any amounts already paid by the United

27 States to the Relator are recovered from the United States in an action or proceeding filed by a receiver,
28
 trustee, creditor, custodian, or similar official in or in connection with a bankruptcy case that is filed
1

2 within two years of the Effective Date of this Agreement or of any payment made under Paragraph 1 of

3 this Agreement, Relator shall, within thirty days of written notice from the United States to the

4 undersigned Relator’s counsel, return to the United States all amounts recovered from the United
5
States.
6
f. Defendants agree that any civil and/or administrative claim, action, or proceeding
7
brought by the United States under Paragraph 18.e is not subject to an “automatic stay” pursuant to 11
8
U.S.C. § 362(a) because it would be an exercise of the United States’ police and regulatory power.
9

10 Defendants shall not argue or otherwise contend that the United States’ claim, action, or proceeding is

11 subject to an automatic stay and, to the extent necessary, consent to relief from the automatic stay for
12 cause under 11 U.S.C. § 362(d)(1). Defendants waive and shall not plead, argue, or otherwise raise any
13
defenses under the theories of statute of limitations, laches, estoppel, or similar theories, to any such
14
civil or administrative claim, action, or proceeding brought by the United States within 120 days of
15
written notification to Defendants that the releases have been rescinded pursuant to this paragraph,
16

17 except to the extent such defenses were available before February 7, 2020.

18 19. This Agreement is intended to be for the benefit of the Parties only. The Parties do not

19 release any claims against any other person or entity, except to the extent provided for in Paragraph 20
20 (waiver for beneficiaries paragraph), below.
21
20. Defendants agree that they waive and shall not seek payment for any of the health care
22
billings covered by this Agreement from any health care beneficiaries or their parents, sponsors, legally
23
responsible individuals, or third-party payors based upon the claims defined as Covered Conduct.
24

25 21. Defendants agree that upon the execution of this Agreement, the relevant Defendants

26 shall dismiss with prejudice Tower Outpatient Surgery Center, Inc. et al. v. United States of America, et

27 al., No. LACV 21-9783 DMG (RAOx).

28
 22. Each Party shall bear its own legal and other costs incurred in connection with this
1

2 matter, including the preparation and performance of this Agreement.

3 23. Each party and signatory to this Agreement represents that it freely and voluntarily

4 enters into this Agreement without any degree of duress or compulsion.

5
24. This Agreement is governed by the laws of the United States. The exclusive jurisdiction
6
and venue for any dispute relating to this Agreement is the United States District Court for the Central
7
District of California. For purposes of construing this Agreement, this Agreement shall be deemed to
8
have been drafted by all Parties to this Agreement and shall not, therefore, be construed against any
9

10 Party for that reason in any subsequent dispute.

11 25. This Agreement constitutes the complete agreement between the Parties. This
12 Agreement may not be amended except by written consent of the Parties.
13
26. The undersigned counsel represent and warrant that they are fully authorized to execute
14
this Agreement on behalf of the persons and entities indicated below.
15
27. This Agreement may be executed in counterparts, each of which constitutes an original
16

17 and all of which constitute one and the same Agreement.

18 28. This Agreement is binding on Defendants’ successors, transferees, heirs, and assigns.

19 29. This Agreement is binding on Relator’s successors, transferees, heirs, and assigns.
20 30. All parties consent to the Governments’ disclosure of this Agreement, and information
21
about this Agreement, to the public.
22
31. This Agreement is effective on the date of signature of the last signatory to the
23
Agreement (“Effective Date of this Agreement”). Facsimiles and electronic transmissions of signatures
24

25 shall constitute acceptable, binding signatures for purposes of this Agreement.

26 //

27 //
28
 THE UNITED STATES OF AMERICA
1

2 DATED: April 13, 2023 BY: ______________________________

David M. Harris
3 Assistant United States Attorney
Chief, Civil Division
4 United States Attorney’s Office for the Central
District of California
5 Digitally signed by LYLE GRUBY

DATED: BY: LYLE GRUBY Date: 2023.04.14 12:38:43

______________________________
6 -04'00'

Lyle W. Gruby
7 Trial Attorney
Commercial Litigation Branch
8 Civil Division
United States Department of Justice
9

10 DATED: BY: ______________________________

Lisa M. Re
11 Assistant Inspector General for Legal Affairs
Office of Counsel to the Inspector General
12 Office of Inspector General
United States Department of Health and Human Services
13

14 THE STATE OF CALIFORNIA

15 DATED: BY: ______________________________

David B. Songco
16 Senior Assistant Attorney General
17 California Department of Justice
Division of Medi-Cal Fraud and Elder Abuse
18

19

20

21 DEFENDANTS

22 DATED: BY: _____________________________

Joel Aronowitz, M.D.
23
DATED: BY: _____________________________
24 Joel Aronowitz, M.D.
25 Tower Multi-Specialty Medical Group

26 DATED: BY: _____________________________

Joel Aronowitz, M.D.
27 Tower Would Care Center of Santa Monica, Inc.
28
 THE UNITED STATES OF AMERICA
1

2 DATED: BY: ______________________________

David M. Harris
3 Assistant United States Attorney
Chief, Civil Division
4 United States Attorney’s Office for the Central
District of California
5

6 DATED: BY: ______________________________

Lyle W. Gruby
7 Trial Attorney
Commercial Litigation Branch
8 Civil Division
United States Department of Justice
9

10 DATED: BY: ______________________________

Lisa M. Re
11 Assistant Inspector General for Legal Affairs
Office of Counsel to the Inspector General
12 Office of Inspector General
United States Department of Health and Human Services
13

14 THE STATE OF CALIFORNIA

15 DATED: BY: ______________________________

David B. Songco
16 Senior Assistant Attorney General
17 California Department of Justice
Division of Medi-Cal Fraud and Elder Abuse
18

19

20

21 DEFENDANTS

22 DATED: BY: _____________________________

Joel Aronowitz, M.D.
23
DATED: BY: _____________________________
24 Joel Aronowitz, M.D.
25 Tower Multi-Specialty Medical Group

26 DATED: BY: _____________________________

Joel Aronowitz, M.D.
27 Tower Would Care Center of Santa Monica, Inc.
28
 DATED: BY: _____________________________
1 Joel Aronowitz, M.D.
2 Tower Outpatient Surgery Center, Inc.
03/07/23
3 DATED: BY: _____________________________
Daniel Aronowitz
4
DATED: BY: _____________________________
5
Joel Aronowitz, M.D.
6 Tower Medical Billing Solutions

7 DATED: BY: _____________________________

Terree A. Bowers
8 Counsel for Joel Aronowitz, M.D., Daniel Aronowitz, Tower
Multi-Specialty Medical Group, Tower Outpatient Surgery
9
Center, Tower Wound Care Center of Santa Monica, and Tower
10 Medical Billing Solutions

11 DATED: BY: _____________________________

Fiona Chalom
12
DATED: BY: _____________________________
13
Alan M. O’Connor
14 Counsel for Fiona Chalom

15
RELATORS
16

17 DATED: BY: _____________________________

TDP RCM Services, LLC
18
DATED: BY: _____________________________
19 Phillip E. Benson
Counsel for TDP RCM Services, LLC
20

21 DATED: BY: _____________________________

Jason B. Morris
22
DATED: BY: _____________________________
23 Timothy Granitz
Counsel for Jason B. Morris
24

25 DATED: BY: _____________________________

Harold Bautista
26
DATED: BY: _____________________________
27 Kelly Weil
Counsel for Harold Bautista
28
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DocuSign Envelope ID: C6D21B55-2472-4EBB-8638-63BE4BA89B74

DATED: BY: _____________________________

1 Joel Aronowitz, M.D.
2 Tower Outpatient Surgery Center, Inc.

3 DATED: BY: _____________________________

Daniel Aronowitz
4
DATED: BY: _____________________________
5
Joel Aronowitz, M.D.
6 Tower Medical Billing Solutions

7 DATED: BY: _____________________________

Terree A. Bowers
8 Counsel for Joel Aronowitz, M.D., Daniel Aronowitz, Tower
Multi-Specialty Medical Group, Tower Outpatient Surgery
9
Center, Tower Wound Care Center of Santa Monica, and Tower
10 Medical Billing Solutions

11 DATED: BY: _____________________________

Fiona Chalom
12
DATED: BY: _____________________________
13
Alan M. O’Connor
14 Counsel for Fiona Chalom

15
RELATORS
16

17 DATED: 03/08/2023 BY: _____________________________

TDP RCM Services, LLC
18 3/8/2023 | 8:57 AM PST
DATED: BY: _____________________________
19 Phillip E. Benson
Counsel for TDP RCM Services, LLC
20

21 DATED: BY: _____________________________

Jason B. Morris
22
DATED: BY: _____________________________
23 Timothy Granitz
Counsel for Jason B. Morris
24

25 DATED: BY: _____________________________

Harold Bautista
26
DATED: BY: _____________________________
27 Kelly Weil
Counsel for Harold Bautista
28
DocuSign Envelope ID: 9AD7B9CA-CFB0-41E6-96CA-BC6597832E02

DATED: BY: _____________________________

1 Joel Aronowitz, M.D.
2 Tower Outpatient Surgery Center, Inc.

3 DATED: BY: _____________________________

Daniel Aronowitz
4
DATED: BY: _____________________________
5
Joel Aronowitz, M.D.
6 Tower Medical Billing Solutions

7 DATED: BY: _____________________________

Terree A. Bowers
8 Counsel for Joel Aronowitz, M.D., Daniel Aronowitz, Tower
Multi-Specialty Medical Group, Tower Outpatient Surgery
9
Center, Tower Wound Care Center of Santa Monica, and Tower
10 Medical Billing Solutions

11 DATED: BY: _____________________________

Fiona Chalom
12
DATED: BY: _____________________________
13
Alan M. O’Connor
14 Counsel for Fiona Chalom

15
RELATORS
16

17 DATED: BY: _____________________________

TDP RCM Services, LLC
18
DATED: BY: _____________________________
19 Phillip E. Benson
Counsel for TDP RCM Services, LLC
20

21 DATED: BY: _____________________________

Jason B. Morris
22
DATED: BY: _____________________________
23 Timothy Granitz
Counsel for Jason B. Morris
24
3/7/2023
25 DATED: BY: _____________________________
Harold Bautista
26
DATED: 3/7/2023 BY: _____________________________
27 Kelly Weil
Counsel for Harold Bautista
28
 EXHIBIT A
1

2 BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
3 Civil Division
E. MARTIN ESTRADA
4 United States Attorney
DAVID M. HARRIS
5 Assistant United States Attorney
Chief, Civil Division
6 ROSS M. CUFF
Assistant United States Attorney
7 Chief, Civil Fraud Section
JACK D. ROSS
8 Assistant United States Attorney
Deputy Chief, Civil Fraud Section
9 AARON G. EZROJ (Cal. Bar No. 263711)
Assistant United States Attorney
10 Room 7516, Federal Building
300 N. Los Angeles Street
11 Los Angeles, California 90012
Tel: (213) 894-4858
12 Fax: (213) 894-7819
Email: [email protected]
13
JAMIE A. YAVELBERG
14 NATALIE A. WAITES
LYLE W. GRUBY
15 Attorneys, Civil Division
United States Department of Justice
16 Civil Division, Commercial Litigation Branch
U.S. Department of Justice
17 PO Box 261, Ben Franklin Station
Washington, DC 20044
18 Tel: (202) 616-7986
Fax: (202) 307-6364
19 Email: [email protected]
20

21
UNITED STATES DISTRICT COURT
22
FOR THE CENTRAL DISTRICT OF CALIFORNIA
23
WESTERN DIVISION
24

25 UNITED STATES OF AMERICA ex No. CV 20-1248 JFW (PLAx)

rel. and the STATE OF CALIFORNIA
26 ex rel. TDP RCM SERVICES, LLC,
STIPULATION FOR ENTRY OF
27 Plaintiffs, CONSENT JUDGMENT FOR JUDICIAL
FORECLOSURE AGAINST
28
 v. DEFENDANTS
1
DR. JOEL ARONOWITZ; DANIEL
2 ARONOWITZ; SARAH ARONOWITZ;
JOEL A. ARONOWITZ, M.D. d/b/a
3 TOWER MULTI-SPECIALTY
MEDICAL GROUP; TOWER
4 OUTPATIENT SURGERY CENTER;
TOWER WOUND CARE OF SANTA
5 MONICA; TOWER MEDICAL
BILLING SOLUTIONS; and FIONA
6 CHALOM,
7 Defendants.
8

9
UNITED STATES OF AMERICA ex No. CV 20-9238 JFW (PLAx)
10 rel. and the STATE OF CALIFORNIA
ex rel. JASON B. MORRIS, STIPULATION FOR ENTRY OF
11 CONSENT JUDGMENT FOR JUDICIAL
Plaintiffs, FORECLOSURE AGAINST
12 DEFENDANTS
v.
13
TOWER WOUND CARE CENTER OF
14 SANTA MONICA, INC.; TOWER
OUTPATIENT SURGERY CENTER,
15 INC.; JOEL A. ARONOWITZ, M.D., a
medical corporation; and JOEL A.
16 ARONOWITZ, an individual,
17 Defendants.
18
UNITED STATES OF AMERICA ex No. CV 22-1902 JFW (PLAx)
19 rel. and the STATE OF CALIFORNIA
ex rel. HAROLD BAUTISTA, STIPULATION FOR ENTRY OF
20 CONSENT JUDGMENT FOR JUDICIAL
Plaintiffs, FORECLOSURE AGAINST
21 DEFENDANTS
v.
22
TOWER OUTPATIENT SURGERY
23 CENTER, INC.; JOEL A.
ARONOWITZ, M.D., a medical
24 corporation; TOWER WOUND CARE
CENTER OF SANTA MONICA, INC.;
25 and TOWER MEDICAL BILLING
SOLUTIONS, dba Medicommerce, a
26 California corporation,
27 Defendants.
28
 1 Qui tam plaintiffs TDP RCM Services, LLC, Jason B. Morris, and Harold Bautista
2 (collectively, “Relators”), plaintiff the United States of America (“United States”),
3 plaintiff the State of California (“California”), and defendants Joel Aronowitz; Joel A.
4 Aronowitz, M.D., a medical corporation, d/b/a Tower Multi-Specialty Medical Group;
5 Tower Wound Care Center of Santa Monica, Inc.; Tower Outpatient Surgery Center,
6 Inc.; Daniel Aronowitz; Tower Medical Billing Solutions; and Fiona Chalom
7 (collectively, “Defendants”), through their respective counsel, hereby stipulate and agree
8 as follows:
9 1. Relators, the United States, California, and Defendants (collectively, the
10 “Parties”) agree to all matters set forth in the proposed Consent Judgment for Judicial
11 Foreclosure Against Defendants, attached to this stipulation as Exhibit B (the “Consent
12 Judgment”). A copy of the Consent Judgment is lodged with this stipulation.
13 2. This Court has subject matter jurisdiction over this action pursuant to 31
14 U.S.C. § 3732(a) and (b) and 28 U.S.C. §§ 1331 and 1345.
15 3. Defendants acknowledge and accept service of the Complaints in this
16 action.
17 4. The Court has personal jurisdiction over Defendants in this action.
18 5. Venue is proper in the Central District of California under 31 U.S.C.
19 § 3732(a) and 28 U.S.C. § 1391(b) because Defendants reside in and transact business in
20 this District and because a substantial part of the events giving rise to the claims brought
21 in this action occurred in this District.
22 6. The Court may immediately sign and enter the Consent Judgment without
23 further notice or hearing.
24 7. Pursuant to a Settlement Agreement (the “Settlement Agreement”) entered
25 into by the Parties on March __, 2023 (the “Effective Date”), Defendants shall pay to the
26 United States and California $23,900,000 (the “Settlement Amount”) plus interest at a
27 rate of 3.875% per annum from December 8, 2022, as follows:
28
 1 a. Defendants shall pay to the United States $23,402,381 plus interest at
2 a rate of 3.875% per annum from December 8, 2022, of which
3 $11,701,190.50 is restitution. Payment of the full Settlement Amount
4 is due no later than 365 days after the Effective Date of the
5 Settlement Agreement;
6 b. Defendants shall pay to California $497,619 plus interest at a rate of
7 3.875% per annum from December 8, 2022, of which $212,636.06 is
8 restitution. Payment of the full Settlement Amount is due no later
9 than 365 days after the Effective Date of the Settlement Agreement;
10 c. The above-defined payments to the United States (the “Federal
11 Settlement Amount”) shall be made by electronic funds transfer
12 pursuant to written instructions provided by the Office of the United
13 States Attorney for the Central District of California;
14 d. The above-defined payments to California (the “California Settlement
15 Amount”) shall be made by electronic funds transfer pursuant to
16 written instructions provided by the California Department of Justice
17 Division of Medi-Cal Fraud and Elder Abuse;
18 e. Interest will, at all times, be applied only to the outstanding
19 Settlement Amount, and Defendants shall fully collateralize any
20 unpaid and due Settlement Amount through cash deposits and insured
21 and recorded encumbrances (such as deeds of trust) on one or more
22 parcels of real property. As specified in Exhibit C to the Settlement
23 Agreement, all payments transmitted to the United States Department
24 of Justice or to Defendants’ counsel prior to the execution of this
25 Agreement will be applied against the total Settlement Amount as of
26 the date of each transmission. All monies in the possession of
27 Defendants’ counsel at the time of execution of the Settlement
28
 1 Agreement will be transmitted to the Governments within five
2 business days of execution. The collateral value of each real property
3 will be its fair market value at the time of the execution of the
4 Settlement Agreement set forth in a real estate appraisal by a
5 qualified appraiser selected by the Governments and agreed upon by
6 Defendants. Defendants shall provide and maintain collateral in the
7 full outstanding balance of the Settlement Amount. If Defendants
8 reduce the outstanding balance of the Settlement Amount, Defendants
9 will have the right to request in writing, and the Governments shall
10 agree, to provide Defendants with a recordable Release of Deed of
11 Trust or similar instrument within a reasonable time on any specific
12 parcel of real property, as long as the remaining collateral, valued at
13 the time of Defendants’ written request, exceeds the full outstanding
14 balance of the Settlement Amount. To the extent Defendants use
15 proceeds from the future sale of real property or other assets to satisfy
16 any portion of the Settlement Amount, Defendants shall initiate
17 payment to the United States and California within five (5) business
18 days following the close of escrow on any such real property or
19 within five (5) business days following Defendants’ receipt of the
20 proceeds from the sale of any other asset.
21 f. The above-defined payments may be prepaid, in whole or in part,
22 without penalty.
23 8. a. In the event that Defendants fail to pay the Settlement Amount as
24 provided in the payment schedule set forth in Paragraph 7 above, Defendants shall be in
25 Default of their payment obligations (“Default”). The United States will provide a
26 written notice of default (“Notice of Default”) (which it may transmit via email), and
27 Defendants shall have an opportunity to cure such Default within seven (7) calendar days
28
 1 from the date of receipt of the Notice of Default by making the payment due under the
2 payment schedule and paying any additional interest accruing under the Settlement
3 Agreement up to the date of payment. Notice of Default will be delivered to Defendants
4 through counsel, Terree Bowers, at 555 West Fifth Street, 48th Floor, Los Angeles, CA
5 90013, [email protected], or to such other representative as Defendants shall
6 designate in advance in writing. If Defendants fail to cure the Default within seven (7)
7 calendar days of receiving the Notice of Default and in the absence of an agreement with
8 the United States to a modified payment schedule (“Uncured Default”), the remaining
9 unpaid balance of the Settlement Amount shall become immediately due and payable,
10 and interest on the remaining unpaid balance shall thereafter accrue at the rate of 12%
11 per annum, compounded daily from the date of Default, on the remaining unpaid total
12 (principal and interest balance).
13 b. In the event of Uncured Default, Defendants agree that the United
14 States, at its sole discretion, may (i) retain any payments previously made, rescind the
15 Settlement Agreement and pursue the Civil Action or bring any civil and/or
16 administrative claim, action, or proceeding against Defendants for the claims that would
17 otherwise be covered by the releases provided in Paragraph 3 of the Settlement
18 Agreement, with any recovery reduced by the amount of any payments previously made
19 by Defendants to the United States under the Settlement Agreement; (ii) take any action
20 to enforce the Settlement Agreement in a new action or by reinstating the Civil Action;
21 (iii) offset the remaining unpaid balance from any amounts due and owing to Defendants
22 and/or affiliated companies by any department, agency, or agent of the United States at
23 the time of Default or subsequently; and/or (iv) exercise any other right granted by law,
24 or under the terms of the Settlement Agreement, or recognizable at common law or in
25 equity. The United States shall be entitled to any other rights granted by law or in equity
26 by reason of Default, including referral of this matter for private collection. In the event
27 the United States pursues a collection action, Defendants agree immediately to pay the
28
 1 United States the greater of (i) a ten-percent (10%) surcharge of the amount collected, as
2 allowed by 28 U.S.C. § 3011(a), or (ii) the United States’ reasonable attorneys’ fees and
3 expenses incurred in such an action. In the event that the United States opts to rescind
4 the Settlement Agreement pursuant to this paragraph, Defendants waive and agree not to
5 plead, argue, or otherwise raise any defenses of statute of limitations, laches, estoppel or
6 similar theories, to any civil or administrative claims that are (i) filed by the United
7 States against Defendants within 120 days of written notification that the Settlement
8 Agreement has been rescinded, and (ii) relate to the Covered Conduct, except to the
9 extent these defenses were available before January 1, 2015. Defendants agree not to
10 contest any offset, recoupment, and/or collection action undertaken by the United States
11 pursuant to this paragraph, either administratively or in any state or federal court, except
12 on the grounds of actual payment to the United States.
13 c. In the event of Uncured Default, OIG-HHS may exclude Defendants
14 from participating in all Federal health care programs until Defendants pay the
15 Settlement Amount, with interest, as set forth above (“Exclusion for Default”). OIG-
16 HHS will provide written notice of any such exclusion to Defendants. Defendants waive
17 any further notice of the exclusion under 42 U.S.C. § 1320a-7(b)(7), and agree not to
18 contest such exclusion either administratively or in any state or federal court.
19 Reinstatement to program participation is not automatic. If at the end of the period of
20 exclusion, Defendants wish to apply for reinstatement, they must submit a written
21 request for reinstatement to OIG-HHS in accordance with the provisions of 42 C.F.R.
22 §§ 1001.3001-.3005. Defendants will not be reinstated unless and until OIG-HHS
23 approves such request for reinstatement. The option for Exclusion for Default is in
24 addition to, and not in lieu of, the options identified in the Settlement Agreement or
25 otherwise available.
26 9. The Settlement Amount shall not be discharged by means of a voluntary or
27 involuntary bankruptcy or any other type of insolvency proceeding under the laws of the
28
 1 United States, including but not limited to 11 U.S.C. § 101, et seq., or under the laws of
2 any state or locality. The Parties agree that the Consent Judgment is for a judgment
3 under the False Claims Act, 31 U.S.C. §§ 3729-3733.
4 10. As long as Defendants make the payments detailed in paragraph 7, neither
5 the United States nor California shall execute on the Consent Judgment. But if
6 Defendants fail to make any payment under the terms described in paragraph 7, then (a)
7 the full Settlement Amount shall be immediately due and payable, (b) the United States
8 shall have the right to immediately execute on the Consent Judgment for the full
9 remaining unpaid balance of the Federal Settlement Amount, (c) California shall have
10 the right to immediately execute on the Consent Judgment for the full remaining unpaid
11 balance of the California Settlement Amount, and (d) Defendants shall be liable to the
12 United States and California for all costs and expenses, including but not limited to
13 attorney’s fees, incurred by the United States and California in connection with
14 enforcing this Consent Judgment.
15 11. When Defendants fully pay the Federal Settlement Amount to the United
16 States, the United States shall prepare and file a Satisfaction of Judgment as to the
17 United States with the Clerk for the United States District Court for the Central District
18 of California. If any lien has been recorded by the United States, the United States shall
19 provide Defendants with a Release of Lien Under Abstract of Judgment, which may be
20 recorded in the applicable County Recorder’s office.
21 12. When Defendants fully pay the California Settlement Amount to California,
22 California shall prepare and file a Satisfaction of Judgment as to California with the
23 Clerk for the United States District Court for the Central District of California. If any
24 lien has been recorded by California, California shall provide Defendants with a Release
25 of Lien Under Abstract of Judgment, which may be recorded in the applicable County
26 Recorder’s office.
27

28
 1 13. Defendants shall not charge back to the United States or California on any
2 contract (including as a direct or indirect cost), or otherwise seek payment or
3 reimbursement from the United States or California, for any portion of the Settlement
4 Amount or a Relator’s reasonable expenses, attorney’s fees, and costs paid by
5 Defendants.
6 14. For purposes other than entering the Consent Judgment in this action, this
7 Stipulation is neither an admission of liability by Defendants, nor is it a concession by
8 the United States and California that their claims are not well founded.
9 15. This Stipulation has been drafted by all the Parties and shall not, therefore,
10 be construed against any Party for that reason in any subsequent dispute.
11 16. This Stipulation shall not be amended except by written consent of the
12 Parties.
13 17. This Court shall retain jurisdiction to adjudicate disputes arising under this
14 Stipulation. The Court shall retain jurisdiction over this action until (a) the filing of a
15 Satisfaction of Judgment as to the United States, (b) the filing of a Satisfaction of
16 Judgment as to California, (c) the filing of Satisfaction of Judgment as to each of the
17 Relators, and (d) final resolution of any issues related to Relators’ statutory share from
18 the United States pursuant to 31 U.S.C. § 3730(d)(1). Such disputes may be raised with
19 the Court by motion.
20

21 SO STIPULATED AND RESPECTFULLY SUBMITTED:

22

23
THE UNITED STATES OF AMERICA

24 DATED: April 13, 2023 BY: ______________________________

25 David M. Harris
Assistant United States Attorney
26 Chief, Civil Division
27 United States Attorney’s Office for the Central
District of California
28
 Digitally signed by LYLE GRUBY
LYLE GRUBY Date: 2023.04.14 12:37:58
-04'00'
 1
DATED: BY: ______________________________
2 Lyle W. Gruby
3 Trial Attorney
Commercial Litigation Branch
4 Civil Division
5 United States Department of Justice

7 THE STATE OF CALIFORNIA

8 DATED: BY: ______________________________

9 David B. Songco
Senior Assistant Attorney General
10 California Department of Justice
11 Division of Medi-Cal Fraud and Elder Abuse

12

13 DEFENDANTS

14 DATED: BY: _____________________________

15 Joel Aronowitz, M.D.

16 DATED: BY: _____________________________

17 Joel Aronowitz, M.D.
Tower Multi-Specialty Medical Group
18

19 DATED: BY: _____________________________

Joel Aronowitz, M.D.
20 Tower Would Care Center of Santa Monica, Inc.
21
DATED: BY: _____________________________
22 Joel Aronowitz, M.D.
23 Tower Outpatient Surgery Center, Inc.
24 DATED: 03/07/23 BY: _____________________________
25 Daniel Aronowitz
26 DATED: BY: _____________________________
27 Joel Aronowitz, M.D.
Tower Medical Billing Solutions
28
 1

2
DATED: BY: 14/4 e.t.L4,a otwi,v1/
Terree A. Bowers
3
Counsel for Joel Aronowitz, M.D., Daniel Aronowitz,
Tower Multi-Specialty Medical Group, Tower
4 Outpatient Surgery Center, Tower Wound Care Center
5 of Santa Monica, and Tower Medical Billing Solutions

6 DATED: BY:
7 Fiona Chalom

8 DATED: BY:
9 Alan M. O'Connor
Counsel for Fiona Chalom
10

11

12 RELATORS
13
DATED: BY:
14 TDP RCM Services, LLC
15
DATED: BY:
16 Phillip E. Benson
17 Counsel for TDP RCM Services, LLC

18 DATED: BY:
19 Jason B. Morris

20 DATED: BY:
21 Timothy Granitz
Counsel for Jason B. Morris
22

23 DATED: BY:
Harold Bautista
24

25 DATED: BY:
Kelly Weil
26
Counsel for Harold Bautista
27

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DocuSign Envelope ID: C6D21B55-2472-4EBB-8638-63BE4BA89B74

1
DATED: BY: _____________________________
2 Terree A. Bowers
3 Counsel for Joel Aronowitz, M.D., Daniel Aronowitz,
Tower Multi-Specialty Medical Group, Tower
4 Outpatient Surgery Center, Tower Wound Care Center
5 of Santa Monica, and Tower Medical Billing Solutions

6 DATED: BY: _____________________________

7 Fiona Chalom

8 DATED: BY: _____________________________

9 Alan M. O’Connor
Counsel for Fiona Chalom
10

11

12 RELATORS
13
DATED: 03/08/2023 BY: _____________________________
14 TDP RCM Services, LLC
15 3/8/2023 | 8:57 AM PST
DATED: BY: _____________________________
16 Phillip E. Benson
17 Counsel for TDP RCM Services, LLC
18 DATED: BY: _____________________________
19 Jason B. Morris
20 DATED: BY: _____________________________
21 Timothy Granitz
Counsel for Jason B. Morris
22

23 DATED: BY: _____________________________

Harold Bautista
24

25 DATED: BY: _____________________________

Kelly Weil
26 Counsel for Harold Bautista
27

28
DocuSign Envelope ID: 9AD7B9CA-CFB0-41E6-96CA-BC6597832E02

1
DATED: BY: _____________________________
2 Terree A. Bowers
3 Counsel for Joel Aronowitz, M.D., Daniel Aronowitz,
Tower Multi-Specialty Medical Group, Tower
4 Outpatient Surgery Center, Tower Wound Care Center
5 of Santa Monica, and Tower Medical Billing Solutions

6 DATED: BY: _____________________________

7 Fiona Chalom

8 DATED: BY: _____________________________

9 Alan M. O’Connor
Counsel for Fiona Chalom
10

11

12 RELATORS
13
DATED: BY: _____________________________
14 TDP RCM Services, LLC
15
DATED: BY: _____________________________
16 Phillip E. Benson
17 Counsel for TDP RCM Services, LLC
18 DATED: BY: _____________________________
19 Jason B. Morris
20 DATED: BY: _____________________________
21 Timothy Granitz
Counsel for Jason B. Morris
22
3/7/2023
23 DATED: BY: _____________________________
Harold Bautista
24

25 DATED: 3/7/2023 BY: _____________________________

Kelly Weil
26 Counsel for Harold Bautista
27

28
 1
EXHIBIT B

2
UNITED STATES DISTRICT COURT
3
FOR THE CENTRAL DISTRICT OF CALIFORNIA
4
WESTERN DIVISION
5

7
UNITED STATES OF AMERICA ex No. CV 20-1248 JFW (PLAx)
8 rel. and the STATE OF CALIFORNIA
ex rel. TDP RCM SERVICES, LLC,
9 CONSENT JUDGMENT FOR JUDICIAL
Plaintiffs, FORECLOSURE AGAINST
10 DEFENDANTS
v.
11
DR. JOEL ARONOWITZ; DANIEL
12 ARONOWITZ; SARAH ARONOWITZ;
JOEL A. ARONOWITZ, M.D. d/b/a
13 TOWER MULTI-SPECIALTY
MEDICAL GROUP; TOWER
14 OUTPATIENT SURGERY CENTER;
TOWER WOUND CARE OF SANTA
15 MONICA; TOWER MEDICAL
BILLING SOLUTIONS; and FIONA
16 CHALOM,
17 Defendants.
18

19
UNITED STATES OF AMERICA ex No. CV 20-9238 JFW (PLAx)
20 rel. and the STATE OF CALIFORNIA
ex rel. JASON B. MORRIS, CONSENT JUDGMENT FOR JUDICIAL
21 FORECLOSURE AGAINST
Plaintiffs, DEFENDANTS
22
v.
23
TOWER WOUND CARE CENTER OF
24 SANTA MONICA, INC.; TOWER
OUTPATIENT SURGERY CENTER,
25 INC.; JOEL A. ARONOWITZ, M.D., a
medical corporation; and JOEL A.
26 ARONOWITZ, an individual,

27 Defendants.

28
 1
UNITED STATES OF AMERICA ex No. CV 22-1902 JFW (PLAx)
2 rel. and the STATE OF CALIFORNIA
ex rel. HAROLD BAUTISTA, CONSENT JUDGMENT FOR JUDICIAL
3 FORECLOSURE AGAINST
Plaintiffs, DEFENDANTS
4
v.
5
TOWER OUTPATIENT SURGERY
6 CENTER, INC.; JOEL A.
ARONOWITZ, M.D., a medical
7 corporation; TOWER WOUND CARE
CENTER OF SANTA MONICA, INC.;
8 and TOWER MEDICAL BILLING
SOLUTIONS, dba Medicommerce, a
9 California corporation,

10 Defendants.

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28
 Qui tam plaintiffs TDP RCM Services, LLC, Jason B. Morris, and Harold
Bautista (“Relators”), plaintiff the United States of America (“United States”),
plaintiff the State of California (“California”), and defendants Joel Aronowitz; Joel
A. Aronowitz, M.D., a medical corporation, d/b/a Tower Multi-Specialty Medical
Group; Tower Wound Care Center of Santa Monica, Inc.; Tower Outpatient
Surgery Center, Inc.; Daniel Aronowitz; Tower Medical Billing Solutions; and
Fiona Chalom (collectively, “Defendants”), through their respective counsel, have
submitted a Stipulation for Entry of Consent Judgment for Judicial Foreclosure
Against Defendants (the “Stipulation”).
Pursuant to the Stipulation and Federal Rule of Civil Procedure 58, and good
cause appearing, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS
FOLLOWS:
1. Pursuant to a Settlement Agreement (the “settlement Agreement”)
entered into by the Parties on March __, 2023 (the “Effective Date”),
Defendants shall pay to the United States and California $23,900,000
(“Settlement Amount”) plus interest on the Settlement Amount at a
rate of 3.875% per annum from December 8, 2022, as follows:
a. Defendants shall pay to the United States $23,402,381 plus
interest at a rate of 3.875% per annum from December 8, 2022,
of which $11,701,190.50 is restitution. Payment of the full
Settlement Amount is due no later than 365 days after the
Effective Date of the Settlement Agreement;
b. Defendants shall pay to California $497,619 plus interest at a
rate of 3.875% per annum from December 8, 2022, of which
$212,636.06 is restitution. Payment of the full Settlement
Amount is due no later than 365 days after the Effective Date of
the Settlement Agreement;
c. The above-defined payments to the United States (the “Federal
Settlement Amount”) shall be made by electronic funds transfer
pursuant to written instructions provided by the Office of the
United States Attorney for the Central District of California;
d. The above-defined payments to California (the “California
Settlement Amount”) shall be made by electronic funds transfer
pursuant to written instructions provided by the California
Department of Justice Division of Medi-Cal Fraud and Elder
Abuse;
e. Interest will, at all times, be applied only to the outstanding
Settlement Amount, and Defendants shall fully collateralize any
unpaid and due Settlement Amount through cash deposits and
insured and recorded encumbrances (such as deeds of trust) on
one or more parcels of real property. As specified in Exhibit C
to the Settlement Agreement, all payments transmitted to the
United States Department of Justice or to Defendants’ counsel
prior to the execution of this Agreement will be applied against
the total Settlement Amount as of the date of each transmission.
All monies in the possession of Defendants’ counsel at the time
of execution of the Agreement will be transmitted to the
Governments within five business days of execution. The
collateral value of each real property will be its fair market
value at the time of the execution of the Settlement Agreement
set forth in a real estate appraisal by a qualified appraiser
selected by the Governments and agreed upon by Defendants.
Defendants shall provide and maintain collateral in the full
outstanding balance of the Settlement Amount. If Defendants
 reduce the outstanding balance of the Settlement Amount,
Defendants will have the right to request in writing, and the
Governments shall agree, to provide Defendants with a
recordable Release of Deed of Trust or similar instrument
within a reasonable time on any specific parcel of real property,
as long as the remaining collateral, valued at the time of
Defendants’ written request, exceeds the full outstanding
balance of the Settlement Amount. To the extent Defendants
use proceeds from the future sale of real property or other assets
to satisfy any portion of the Settlement Amount, Defendants
shall initiate payment to the United States and California within
five (5) business days following the close of escrow on any
such real property or within five (5) business days following
Defendants’ receipt of the proceeds from the sale of any other
asset.
f. The above-defined payments may be prepaid, in whole or in
part, without penalty.
2. a. In the event that Defendants fail to pay the Settlement Amount
as provided in the payment schedule set forth in Paragraph 1 above,
Defendants shall be in Default of their payment obligations
(“Default”). The United States will provide a written notice of default
(“Notice of Default”) (which it may transmit via email), and
Defendants shall have an opportunity to cure such Default within
fourteen (14) calendar days from the date of receipt of the Notice of
Default by making the payment due under the payment schedule and
paying any additional interest accruing under the Settlement
Agreement up to the date of payment. Notice of Default will be
delivered to Defendants through counsel, Terree Bowers, at 555 West
Fifth Street, 48th Floor, Los Angeles, CA 90013,
[email protected], or to such other representative as
Defendants shall designate in advance in writing. If Defendants fail to
cure the Default within fourteen (14) calendar days of receiving the
Notice of Default and in the absence of an agreement with the United
States to a modified payment schedule (“Uncured Default”), the
remaining unpaid balance of the Settlement Amount shall become
immediately due and payable, and interest on the remaining unpaid
balance shall thereafter accrue at the rate of 12% per annum,
compounded daily from the date of Default, on the remaining unpaid
total (principal and interest balance).
b. In the event of Uncured Default, Defendants agree that the
United States, at its sole discretion, may (i) retain any payments
previously made, rescind the Settlement Agreement and pursue the
Civil Action or bring any civil and/or administrative claim, action, or
proceeding against Defendants for the claims that would otherwise be
covered by the releases provided in Paragraph 3 of the Settlement
Agreement, with any recovery reduced by the amount of any
payments previously made by Defendants to the United States under
the Settlement Agreement; (ii) take any action to enforce the
Settlement Agreement in a new action or by reinstating the Civil
Action; (iii) offset the remaining unpaid balance from any amounts
due and owing to Defendants and/or affiliated companies by any
department, agency, or agent of the United States at the time of
Default or subsequently; and/or (iv) exercise any other right granted
by law, or under the terms of the Settlement Agreement, or
recognizable at common law or in equity. The United States shall be
entitled to any other rights granted by law or in equity by reason of
Default, including referral of this matter for private collection. In the
event the United States pursues a collection action, Defendants agree
immediately to pay the United States the greater of (i) a ten-percent
(10%) surcharge of the amount collected, as allowed by 28 U.S.C. §
3011(a), or (ii) the United States’ reasonable attorneys’ fees and
expenses incurred in such an action. In the event that the United
States opts to rescind the Settlement Agreement pursuant to this
paragraph, Defendants waive and agree not to plead, argue, or
otherwise raise any defenses of statute of limitations, laches, estoppel
or similar theories, to any civil or administrative claims that are (i)
filed by the United States against Defendants within 120 days of
written notification that the Settlement Agreement has been rescinded,
and (ii) relate to the Covered Conduct, except to the extent these
defenses were available before February 7, 2020. Defendants agree
not to contest any offset, recoupment, and/or collection action
undertaken by the United States pursuant to this paragraph, either
administratively or in any state or federal court, except on the grounds
of actual payment to the United States.
c. In the event of Uncured Default, OIG-HHS may exclude
Defendants from participating in all Federal health care programs
until Defendants pay the Settlement Amount, with interest, as set forth
above (“Exclusion for Default”). OIG-HHS will provide written
notice of any such exclusion to Defendants. Defendants waive any
further notice of the exclusion under 42 U.S.C. § 1320a-7(b)(7), and
agree not to contest such exclusion either administratively or in any
 state or federal court. Reinstatement to program participation is not
automatic. If at the end of the period of exclusion, Defendants wish to
apply for reinstatement, they must submit a written request for
reinstatement to OIG-HHS in accordance with the provisions of 42
C.F.R. §§ 1001.3001-.3005. Defendants will not be reinstated unless
and until OIG-HHS approves such request for reinstatement. The
option for Exclusion for Default is in addition to, and not in lieu of,
the options identified in the Settlement Agreement or otherwise
available.
3. As long as Defendants make the payments ordered in paragraph 1,
neither the United States nor California shall execute on the Consent
Judgment for Judicial Foreclosure. But if Defendants fail to make any
payment as ordered in paragraph 1, then (a) the full Settlement
Amount shall be immediately due and payable, (b) the United States
shall have the right to immediately execute on the Consent Judgment
for Judicial Foreclosure for the full remaining unpaid balance of the
Federal Settlement Amount, (c) California shall have the right to
immediately execute on the Consent Judgment for Judicial
Foreclosure for the full remaining unpaid balance of the California
Settlement Amount, and (d) Defendants shall be liable to the United
States and California for all costs and expenses, including but not
limited to attorney’s fees, incurred by the United States and California
in connection with enforcing this Consent Judgment for Judicial
Foreclosure.
4. This Court retains jurisdiction over this action until (a) the filing of a
Satisfaction of Judgment as to the United States, (b) the filing of a
Satisfaction of Judgment as to California, (c) the filing of Satisfaction
 of Judgment as to each of the Relators, and (d) final resolution of any
issues related to Relators’ statutory share from the United States
pursuant to 31 U.S.C. § 3730(d)(1).

IT IS SO ORDERED.

Dated:________________________ ________________________________
UNITED STATES DISTRICT JUDGE

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Respectfully presented, and approved as to form and content by:

THE UNITED STATES OF AMERICA

DATED: April 13, 2023 BY: ______________________________

David M. Harris
Assistant United States Attorney
Chief, Civil Division
United States Attorney’s Office for the Central
District of California
Digitally signed by LYLE GRUBY

DATED: BY:
LYLE GRUBY Date: 2023.04.14 12:37:20
______________________________
-04'00'

Lyle W. Gruby
Trial Attorney
Commercial Litigation Branch
Civil Division
United States Department of Justice

THE STATE OF CALIFORNIA

DATED: BY: ______________________________

David B. Songco
Senior Assistant Attorney General
California Department of Justice
Division of Medi-Cal Fraud and Elder Abuse

DEFENDANTS

DATED: BY: _____________________________

Joel Aronowitz, M.D.

DATED: BY: _____________________________

Joel Aronowitz, M.D.
Tower Multi-Specialty Medical Group
DATED: BY: _____________________________
Joel Aronowitz, M.D.
Tower Would Care Center of Santa Monica, Inc.

DATED: BY: _____________________________

Joel Aronowitz, M.D.
Tower Outpatient Surgery Center, Inc.

DATED: 03/07/23 BY: _____________________________

Daniel Aronowitz

DATED: BY: _____________________________

Joel Aronowitz, M.D.
Tower Medical Billing Solutions

DATED: BY: _____________________________

Terree A. Bowers
Counsel for Joel Aronowitz, M.D., Daniel
Aronowitz, Tower Multi-Specialty Medical Group,
Tower Outpatient Surgery Center, Tower Wound
Care Center of Santa Monica, and Tower Medical
Billing Solutions

DATED: BY: _____________________________

Fiona Chalom

DATED: BY: _____________________________

Alan M. O’Connor
Counsel for Fiona Chalom

RELATORS

DATED: BY: _____________________________

TDP RCM Services, LLC

DATED: BY: _____________________________

Phillip E. Benson
Counsel for TDP RCM Services, LLC

DATED: BY: _____________________________

Jason B. Morris
DATED: BY:
Joel Aronowitz, M.D.
Tower Would Care Center of Santa Monica, Inc.

DATED: BY:
Joel Aronowitz, M.D.
Tower Outpatient Surgery Center, Inc.

DATED: BY:
Daniel Aronowitz

DATED: BY:
Joel Aronowitz, M.D.
Tower Medical Billing Solutions

DATED: BY: tiet t ol/

Terree A. Bowers
Counsel for Joel Aronowitz, M.D., Daniel
Aronowitz, Tower Multi-Specialty Medical Group,
Tower Outpatient Surgery Center, Tower Wound
Care Center of Santa Monica, and Tower Medical
Billing Solutions

DATED: BY:
Fiona Chalom

DATED: BY:
Alan M. O'Connor
Counsel for Fiona Chalom

RELATORS

DATED: BY:
TDP RCM Services, LLC

DATED: BY:
Phillip E. Benson
Counsel for TDP RCM Services, LLC

DATED: BY:
Jason B. Morris
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DocuSign Envelope ID: C6D21B55-2472-4EBB-8638-63BE4BA89B74

DATED: BY: _____________________________

Joel Aronowitz, M.D.
Tower Would Care Center of Santa Monica, Inc.

DATED: BY: _____________________________

Joel Aronowitz, M.D.
Tower Outpatient Surgery Center, Inc.

DATED: BY: _____________________________

Daniel Aronowitz

DATED: BY: _____________________________

Joel Aronowitz, M.D.
Tower Medical Billing Solutions

DATED: BY: _____________________________

Terree A. Bowers
Counsel for Joel Aronowitz, M.D., Daniel
Aronowitz, Tower Multi-Specialty Medical Group,
Tower Outpatient Surgery Center, Tower Wound
Care Center of Santa Monica, and Tower Medical
Billing Solutions

DATED: BY: _____________________________

Fiona Chalom

DATED: BY: _____________________________

Alan M. O’Connor
Counsel for Fiona Chalom

RELATORS

DATED: 03/08/2023 BY: _____________________________

TDP RCM Services, LLC
3/8/2023 | 8:57 AM PST
DATED: BY: _____________________________
Phillip E. Benson
Counsel for TDP RCM Services, LLC

DATED: BY: _____________________________

Jason B. Morris
DocuSign Envelope ID: 9AD7B9CA-CFB0-41E6-96CA-BC6597832E02

DATED: BY: _____________________________

Timothy Granitz
Counsel for Jason B. Morris
3/7/2023
DATED: BY: _____________________________
Harold Bautista

DATED: 3/7/2023 BY: _____________________________

Kelly Weil
Counsel for Harold Bautista