Broward County Florida Man Pleads Guilty in ATC Medicare Fraud Case

Today, Barry Nash, who is the sixty-nine year old owner of a Halfway house in Broward County Florida, plead guilty to a single count of conspiracy to commit health care fraud for his part in a Medicare Fraud Kickback Scheme.

Nash’s guilty plea is related to the growing stack of guilty sentences associated with the American Therapeutic Corporation Medicare Fraud scam in Florida.

Nash is scheduled to be sentenced on March 8th, 2012, and faces up to ten years in prison, as well as a fine of up to a quarter of a million dollars.

Nash admitted to receiving kickbacks for funneling patients into a fraudulent mental health shell company operated by American Therapeutic Corporation(ATC) and American Sleep Institute(ASI,) who was related to American Therapeutic Corporation. According to the plea agreement, Nash was responsible for almost a million dollars in Medicare Fraud that was the direct result of patients from his halfway house being sent for treatment at ATC and ASI.

Nash is the most recent in a string of more than 9 individuals convicted of fraud related to ATC. The ATC and ASI fraud involved a large number of doctors, marketers, and even patients in Florida. These individuals received kickbacks for providing Medicare patients to American Therapeutic Corporation, which is related to Medlink Professional Management Group Inc.

Patients were supposed to receive mental health care and treatment, which included a partial hospitalization program(PHP,) but were typically ineligible or did not receive qualifying treatment. In all, the ATC and ASI fraud is believed to have been responsible for over $200 Million dollars in Medicare Fraud.

This prosecution is related to the Medicare Fraud Strike Force, which was formed five years ago to help fight Medicare Fraud. To date, the Health Care Fraud Prevention and Enforcement Action Team, also known as HEAT, and the Medicare Fraud Strike Force has helped prosecute over 1000 defendants, who are allegedly responsible for close to $3 Billion in Medicare Fraud.

Defendant in American Theraputic Corporation Fraud Case Sentenced to 35 Years

Judith Negron, who was the 40 year old Marketing Director of Medlink Professional Management Group Inc, was sentenced to 35 years in prison after being found guilty of 24 felony charges related to Medicare Fraud that resulted in over $200 million in fraudulent claims.

Negron, who was associated with the American Therapeutic Corporation(ATC) Medicare Fraud in Palm Beach Florida, which involved paying kickbacks to local assisted living communities for providing Medicare patients to ATC’s mental health clinics. Negron was allegedly one of the higher ups in the Medicare Scam and recieved one of the harshest punishments ever in a Medicare Fraud Case.

Negron was found guilty of 24 felonies that include conspiracy to pay healthcare kickbacks, money laundering, conspiracy to preform money laundering, health care fraud, and conspiracy to commit health care fraud. In addition to 35 years in prison, Negron was also sentenced to 3 years of post-prison probation and a large fine.

The owners of American Therapeutic Corporation, Lawrence Duran and Marinanella Valera, were given similar prison sentences in November, after pleading guilty to Medicare Fraud. Other owners and operators of clinics that participated in the kickback scheme have also plead guilty and been sentenced, like Joseph Williams, the Pompano Beach owner of Avondale Manors Retirement Home. Williams faces 20 years in prison at his sentencing in February.

The Owners of American Therapeutic Corporation, Lawrence Duran and Marinanella Valera, who were sentenced to 50 and 35 years in prison respectively, allegedly used the money earned from their Medicare Fraud to live an extravagant lifestyle, which included a number of expensive cars, traveling, and nice homes on the beach. They were also involved in a romantic manner.

Another Guilty Plea in American Therapeutic Corporation Scam

Yesterday, Joseph Williams, the 41 year old owner of Avondale Manors Retirement Home in Pompano Beach Florida, pleaded guilty to Conspiracy to Commit Health Care Fraud. Williams, who was also involved with Diversified Marketing Group Inc, admitted in court his role in providing Medicare patients in return for a kickback.

The Medicare Scam involved American Therapeutic Corporation(ATC) with Williams receiving $30 per-day per-patient for each Medicare recipient he provided for their mental health care. ATC allegedly offered mental health treatments, which were often not preformed or preformed on people that did not need them.

ATC, who is also associated with the American Sleep Institute(ASI) paid a number of local assisted living facilities for patient information, knowing that the patients did not qualify for the treatment, according to court records. In addition to paying kickbacks to doctors, some patients also received kickbacks as well, which amounted to over $200 million in Medicare Fraud, prosecutors say.

In addition to being involved with the American Therapeutic Corporation and American Sleep Institute medicare scams, Williams also admitted to preforming Medicaid Fraud at his own facility, paying kickbacks to half-way houses and other businesses to receive Medicaid Account Numbers.

Williams, as part of his plea agreement with prosecutors, admitted to his role in this scam, which was responsible for over $2 million in fraudulent claims to Medicare and Medicaid. He is scheduled to be sentenced on February 8th, 2012, where he could face up to $500,000 in fines and 20 years in prison.

As part of the ATC and ASI scams, a number of owners and operators of assisted living facilities, which includes doctors, patients, and therapists have been charged or are awaiting trial.