How Medicare Fraud Works

Medicare is a social medical system established in the United States during the nineteen-sixties. It provides affordable health care to millions of Americans each year, primarily to those who are over the age of sixty-five.

Reimbursement for medical services and equipment is provided by the Federal Government and Medicare has become a popular target among organized crime and others who defraud the service.

The exact amount of Medicare Fraud is not known, in part because it is not always detected or when it is detected, the individuals have been defrauding the government for many years.

How Much is Lost to Medicare Fraud Each Year?

The exact amount Medicare Fraud is not known. In 2010, the OMB, or Office of management and Budget, estimated that Medicare Fraud totaled around $50 Billion for that year. They estimated that total payments to Medicare that year were around $530 Billion.

However, after closer examination, some of the payments marked as fraud by the OMB were later found to be legitimate payments.

In any-case, many millions of dollars are lost to Medicare fraud each year and often when the fraud is finally detected, it can be a large sum of money, like the American Therapeutic Corporation which was allegedly responsible for over $200 million in Medicare Fraud.

Different Kinds of Medicare Fraud

One of the most common types of Medicare Fraud is the practice of billing for procedures that have not actually been preformed by the company or are unneeded. Often, this is in the form of laboratory testing, although medical procedures and even durable medical equipment is also often billed and not provided or resold later.

Often referred to as Phantom Billing, this practice can also involve marketing products incorrectly. For example, a recent Medicare Scam involved repackaging penis enlargers as tools for several medical conditions, including prostate and bladder problems, and then selling them for a significant profit.

While in some cases, the Medicare recipient has no knowledge of the scam, with the patients number being used without permission or even stolen by an unrelated party, providing kickbacks to patients is also a common practice. This type of Medicare Fraud can be harder to track, because both the business and Medicare recipient are in on the scam.

Kickbacks are also often paid to patient recruiters who find Medicare patients, or even just their information, to be used in Medicare Fraud. During the recent American Therapeutic Corporation fraud, patients, halfway house operators, doctors, and marketers were all involved in the scam.

While traditionally billing fraud for home medical equipment, medications, medical testing, and medical procedures, increasingly things like Medical Transport have become popular targets. Investors have also been known to purchase an established medical practice, with the sole intention of using the good reputation of the medical group to defraud Medicare.

It is also common for shell companies to be setup, often hiding behind multiple business registrations and fake identities. This can make identifying the real source of the Medicare fraud much more difficult.

What Makes Medicare Such a Ripe Target?

One of the biggest reasons for the explosion in Medicare fraud cases is that in the past, the government has typically reimbursed claims first and questioned them later. Rather than auditing companies right away, a good deal of reimbursements can be retrieved by the fraudster before being caught.

When this is combined with a shell company and false identity, the scammers can simply pickup shop and move to a new location, repeating the fraud for some time.

The Government Cracking Down

In addition to proposed changes in how reimbursements are provided, including keeping a much closer eye on new medical businesses, the Federal Government has introduced a special Medicare Fraud Strike Force, which is dedicated to identifying Medicare Fraud.

The Strike Force has been responsible for identifying around $3 billion in fraudulent claims over the past five years.

Patient Recruiter for Family Healthcare Convicted of Medicare Fraud

Yesterday, Michelle Turner was convicted conspiracy to commit health care fraud and conspiracy to receive illegal kickbacks, as well as two counts of receiving illegal kickbacks. Turner, who is associated with the Family Healthcare durable medical equipment scam in Texas is 44 years old.

The four day trial against Turner follows the sentencing of four other individuals for this Medicare fraud scheme last week.

Prosecutors contended that Turner, who worked as a patient recruiter, setup a call center to cold call Medicare recipients, in an effort to promote arthritis kits provided by Family Healthcare.

According to court records, Family Healthcare was responsible for submitting fraudulent claims to Medicare for durable medical equipment. Their company primarily dealt with what they billed as arthritis kits, which they prescribed to Medicare Patients and had a cost of over three thousand dollars.

However, these kits were typically not medically necessary and did not include equipment that was conducive to treating senior arthritis or other senior health issues. For example, their arthritis kits often included heat pads and orthotic braces for the body.

Family Healthcare was, allegedly, responsible for over a million dollars in Medicare fraud, providing kickbacks to a number of individuals who provided Medicare recipients they could provide their arthritis kits to.

Turner allegedly used teenagers in his call center to make the cold calls to Medicare recipients. Under federal law, unsolicited marketing calls to Medicare recipients is illegal. He faces over 25 years in prison, if his charges were run concurrent.

Turner is the fifth person associated with the Family Healthcar Durable Medical Equipment Scam to be convicted in Federal court.

Florida Half Way House Manager Sentenced to Federal Prison for ATC Medicare Fraud

Butler Moultrie, who operated and managed a halfway house for recovering drug addicts in Fort Lauderdale Florida, was sentenced to almost 3 years in prison yesterday. This is part of the ongoing trials against those associated with the American Therapeutic Corporation(ATC) Medicare scam.

Moultrie is 46 years old and plead guilty to conspiracy to commit health care fraud. In addition to 33 months in prison, Moultrie was also sentenced to pay around $800,000 in fines and serve 3 years of probation after release.

As part of his plea agreement, Moultrie stated that he referred Medicare patients from his half-way house to American Therapeutic Corporation for their partial hospitalization program, or PHP, which was billed as an intense in-house mental health program. He went on to admit that he received kickbacks for the patients he referred, he was aware of the Medicare scam being preformed by ATC, and that he refferred the patients despite being aware that no doctor had prescribed this treatment.

The investigation into American Therapeutic Corporation and other companies, such as the American Sleep Institute, revealed a wide spread Medicare fraud scam, which included patient recruiters, doctors, and owners/operators of halfway houses in the Florida area. ATC, which s related to Medlink Professional Management Group, was responsible for, according to Federal Prosecutors, over $200 million in fraudulent Medicare billing.

Moultrie is the eleventh defendant to be tried as part of the American Therapeutic Corporation Medicare scam, with eight of these individuals being sentenced to prison. More trials are scheduled as the case against ATC and those involved with this Medicare fraud continues.

Four Sentenced in Texas Family Healthcare Group Medicare Fraud

Four Houston based individuals were sentenced to federal prison this week as part of the ongoing investigation into the Family Healthcare Group Medicare Fraud scam.

Mary Ellis and Caroline Njoku, who are both nurses aged 56 and 46 respectively, were sentenced to over five years in federal prison, as well as fines of over $400,000. Terrie Porter, who is 48, and Florida Holiday Island, who is 62, received 2 years in prison and 20 days in prison respectively, as well as both being responsible for a fine.

Ellis, who was convicted of three counts of receiving illegal kickbacks, conspiracy to pay kickbacks, and conspiracy to commit health care fraud, will need to serve an additional 3 years of probation after she completes her sentence.

Caroline Njoku, who was convicted of conspiracy to pay kickbacks and conspiracy to commit health care fraud, will need to serve a single year of probation after release, but was fined almost $650,000.

Porter, who was fined almost $500,000 will serve two years of probation after release. Island, who was only given 20 days in prison, was fined around $60,000 and must serve five months of house arrest, as well as 2.5 years of probation. She was convicted of receiving illegal kickbacks and conspiracy to receive kickbacks.

According to court records, Family Healthcare Group, which is a skilled nursing provider in Houston Texas, provided kickbacks to the defendants for providing Medicare account information of patients, who were then billed for nursing services that were not preformed or not required for medical reasons. The defendants allegedly submitted bills to Medicare and prescribed patient treatment plans that stated the Medicare recipients were in need of special in-home nursing assistance.

Both Njoku and Ellis, as indicated by evidence submitted during their trial, were responsible for falsifying the treatment plans.

In total around $5 Million in fraudulent billing is attributed to this fraud. In addition to the defendants above, two other defendants, including another nurse, have already been sentenced, with four additional defendants scheduled for trial.

About Family Healthcare Group

According to public records, Family Healthcare Group, INC. was registered in 2004 in Houston Texas. As of February 18, 2012 public records indicate they have not satisfied state franchise tax requirements and, as a result, is not in good standing with the State.

Both the director and chief executive are listed as Princewill Njoku, who it would stand to reason is related to Caroline Njoku, the nurse convicted in this case.

Another Pleads Guilty in Louisiana Durable Medical Equipment Scam

Yesterday, Rodney Taylor, who was a 45 year old patient recruiter for several healthcare companies in Louisiana, plead guilty to conspiracy to defraud the United States and conspiracy to commit healthcare fraud. He could face up to fifteen years in prison for both charges, as well as a fine.

Taylor was involved in the case reported earlier this week, which involved fraudulently billing Medicare for durable medical equipment, including things like electric wheelchairs and arm braces.

According to plea agreements, Taylor was involved with finding Medicare patient information and getting prescriptions for durable medical equipment, which he then sold to several companies owned by Jones. As part of court records from Jones trials, kickbacks were payed to Medicare recipients, doctors, and patient recruiters to help generate what amounted to over $20 million in fraudulent billings to Medicare.

Taylor allegedly provided prescriptions and patient information to Medical 1 Patient Services LLC , Healthcare 1 LLC, and Lifeline Healthcare Services Inc, which were involved with a Medicare fraud scheme, according to plea agreements, from 2004 until 2009.

Jones, along with her ex-husband and several others, are involved with many different businesses in Louisiana, with ties to Nevada as well. This includes a number of medical companies, several non-profit, religious businesses, and more.