Home Health & Hospice Week

Industry Note:

TX Fraud Headed To Trial

Four men accused of home health fraud have pleaded not guilty and will face trial in January, the Brownsville Herald reports — including the mayor of a south Texas town. And authorities have arrested a fifth man in the case.

Reminder: In January, the government alleged a fraud conspiracy involving more than $150 million in false Medicare claims, in which Merida Health Care Group owner Rodney Mesquias and managers Henry McInnis and Jose Garza “caused kickbacks and bribes to be paid to medical directors, including [Francisco] Pena … in exchange for certifying that patients qualified for services when, in fact, they did not, and for referring patients for such services,” the Department of Justice said. “Mesquias, McInnis, Garza, and Pena also fraudulently kept patients on hospice services for multiple years in order to increase revenue from Medicare” (see more case details in Eli’s HCW, Vol. XXVII, No. 4).

In addition to laundering money, “Mesquias and McInnis used proceeds derived from the scheme to purchase expensive vehicles such as a Porsche, expensive jewelry, luxury clothing from high-end retailers such as Louis Vuitton, exclusive real estate and season tickets for premium seating to see the San Antonio Spurs,” according to a DOJ release.

Pena is also accused of taking a kickback from a “confidential source” (CS) and then giving a false statement to the FBI about it, as well as directing the CS to lie to the FBI about any cash kickbacks.  Mesquias and McInnis also “allegedly instructed their co-conspirators to manufacture false records ... to obstruct the grand jury’s investigation,” the DOJ added.

Plus: “During the course of the investigation, Pena allegedly told a cooperating witness that, with respect to hospice patients, ‘the way you make money is by keeping them alive as long as possible,’” the DOJ said.

The feds arrested a fifth man, Jesus Virlar-Cadena, in the scheme on Oct. 18, the Herald says.

Rio Bravo mayor Pena had his medical license suspended in March, reports KGNS.tv in Laredo.

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