Policy & Regulation News

DOJ Charges 3 Individuals in $1B Medicare Fraud Scheme

The Department of Justice has charged three individuals with partaking in a $1 billion Medicare fraud scheme as well as obstruction, conspiracy, and money laundering.

By Jacqueline LaPointe

- Healthcare fraud, waste, and abuse is known to drain the industry of essential funds, but three individuals have allegedly participated in Medicare fraud and money laundering schemes that have cost the program more than $1 billion.

DoJ charged three individuals in $1 billion Medicare fraud scheme

According to a DOJ announcement, an owner of more than 30 Florida-based skilled nursing and assisted living facilities, a hospital administrator, and a physician’s assistant have been charged with conspiracy, obstruction of justice, money laundering, and healthcare fraud involving various providers in Miami.

“This is the largest single criminal healthcare fraud case ever brought against individuals by the Department of Justice, and this is further evidence of how successful data-driven law enforcement has been as a tool in the ongoing fight against healthcare fraud,” stated Leslie R. Caldwell, Assistant Attorney General.

The Esformes Network, owned by defendant Philip Esformes, allegedly placed Medicare and Medicaid beneficiaries into skilled nursing home care or assisted living facilities even though the beneficiaries did not qualify for these services.

Esformes, along with Odette Barcha and Arnaldo Carmouze, is also charged with billing Medicaid and Medicaid for medically unnecessary services after wrongly placing beneficiaries in Esformes Network facilities.

Further, the three defendants are alleged to have received kickbacks to direct these beneficiaries to certain healthcare providers, such as community mental health centers and home health providers, who also may have performed medically unnecessary services that were billed to Medicare and Medicaid. The kickbacks were usually paid in cash or disguised as charitable donations, payments for services, or lease payments, reported the press release.

“Medicare fraud has infected every facet of our healthcare system,” said US Attorney Wifredo A. Ferrer of the Southern District of Florida. 

“As a result of our unrelenting efforts to combat these pernicious schemes, the Criminal Division, the US Attorney’s Office and our law enforcement partners continue to identify and prosecute the criminals who, driven by greed, steal from a program meant for our aged and infirmed to increase their personal wealth.”

In addition to healthcare fraud, Esformes and Barcha were also charged with obstructing justice.

Following the 2014 arrest of two co-conspirators, Esformes allegedly tried help one of the individuals avoid trial in Miami by paying for a flight outside of the US.

The court documents added that Barcha allegedly fabricated medical director contracts to hide and disguise kickback payments she made in exchange for patient referrals for admissions to Esformes network organizations and another Miami-based hospital. The fake documents were made after a grand jury subpoena was given to the healthcare network on June 20, 2016.

However, this is not the first time that Esformes has been at the center of a Medicare fraud case. Court documents from 2006 showed that he paid $15.4 million to resolve civil federal healthcare fraud claims for unnecessarily admitting beneficiaries from his assisted living facilities to another Miami-based hospital.

“Healthcare executives who exploit patients through medically unnecessary services and conspire to obstruct justice in order to boost their own profits – as alleged in this case – have no place in our healthcare system,” said Special Agent in Charge Shimon R. Richmond of the Office of the Inspector General Miami Regional Office. “Such actions only strengthen our resolve to protect patients and the US taxpayers.”

While this case is the largest single healthcare fraud case to be brought against individuals, DoJ also announced last month that it facilitated the largest healthcare fraud takedown in its history.

In conjunction with the Department of Health & Human Services, the federal agency charged 301 individuals, including 61 physicians and licensed medical professionals, with allegedly participating in healthcare fraud schemes.

Despite the large number of defendants, the fraud schemes only amounted to $900 million in false medical billing, $100 million less than the three individuals alleged to have fraudulently billed Medicare and Medicaid in the most recent case.

“Millions of seniors depend on Medicare for essential health coverage, and our action shows that this administration remains committed to cracking down on individuals who try to defraud the program,” said Sylvia Burwell, HHS Secretary, in the June press release.  “We are continuing to put new tools and additional resources to work, including $350 million from the Affordable Care Act, for healthcare fraud prevention and enforcement efforts.”

“Thanks to the hard work of the Medicare Fraud Strike Force, we are making progress in addressing and deterring fraud and delivering results to help ensure Medicare remains strong for years to come.”

Dig Deeper:

Turnkey Approach to Fighting Healthcare Fraud, Waste, Abuse

CMS Saves $42B Through Healthcare Fraud Prevention Activities