Home Health & Hospice Week

In addition to the U.S. 5th Circuit Court of Appeals' decision on the kickback portions of U.S. v. Miles, the court also reversed money laundering and sentencing provisions of the case.

Carrie Hamilton and Alice Miles didn't funnel their gains from the Medicare fraud back into a criminal venture, but rather often used the funds for legitimate business purposes, the court ruled. Thus, it reversed six counts of money laundering promotion against the women.

And the court vacated prison sentences for Hamilton, Miles and co-defendant Richard Miles. Richard Miles is Alice Miles' husband and Hamilton's brother.

The district court applied a sentencing enhancement for financial institution fraud, but a subsequent ruling from the appeals court clarified that Medicare isn't a financial institution under the sentencing guidelines. Thus, the appeals court remanded the case to the district court for resentencing of the defendants. The reversal of the kickback and money laundering promotion convictions also will affect resentencing, the decision orders.