Federal prosecutors claim five South Florida home health agencies are linked to an alleged scheme involving kickbacks and bribes in exchange for Medicare referrals for services the patients did not need and, in many cases, never received, according to a release from the Department of Justice’s Southern District of Florida.
 
On Friday, Ernesto Espinosa, 71, of Miami, pleaded guilty to one count of conspiracy to commit health care fraud.
 
Court documents allege Espinosa and his co-conspirators paid kickbacks to Medicare beneficiaries to recruit them for referral to home health agencies over a five-year period from January 2010 to June 2015, according to the DOJ release.
 
“Espinosa also coached the Medicare beneficiaries, who did not need home health services, on what to say to obtain home health prescriptions from doctors,” according to the release. “In exchange for referring these beneficiaries, Espinosa solicited and received kickbacks and bribes from the home health agencies.”
 
The DOJ says Espinosa and the home health agencies attempted to disguise these kickbacks and bribes by routing them through shell companies controlled by Espinosa. The home health agencies then submitted false and fraudulent claims to Medicare for services that were not medically necessary and typically not even provided.
 
As a result of this fraud, Espinosa and his co-conspirators caused Medicare to make payments of approximately $870,000 for the bogus claims. Espinosa personally netted approximately $630,000 from the scheme.
 
Espinosa is scheduled to be sentenced on May 24 and faces up to 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.