WASHINGTON—The owner and operator of New
Way Recovery Inc., a Florida corporation that operated several halfway houses,
pleaded guilty today in Miami to a criminal charge related to a $205 million
Medicare fraud scheme involving fraudulent claims for purported partial
hospitalization program (PHP) services, the Justice Department, the FBI, and
the Department of Health and Human Services announced today.
Hassan Collins, 41, pleaded guilty to
one count of conspiracy to receive and pay health care fraud kickbacks before
U.S. Magistrate Judge Edwin G. Torres.
According to court documents, from in or
about April 2004 through September 2010, Collins received kickback payments in
exchange for referring Medicare beneficiaries to American Therapeutic
Corporation (ATC), a Florida corporation that operated several purported
Partial Hospitalization Programs (PHP) throughout Florida. He and his
co-conspirators caused false and fraudulent claims to be submitted to Medicare
for PHP services purportedly provided at ATC’s locations, when, in fact, the
services were never provided.
According to the plea agreement,
Collins’s participation in the fraud resulted in more than $2.4 million in
fraudulent billing to the Medicare program. At sentencing, scheduled for
September 6, 2012, Collins faces a maximum sentence of five years in prison.
In related cases, more than 20
individuals have been convicted for their roles in the ATC fraud scheme. In
2011, ATC executives Lawrence Duran, Marianella Valera, and Judith Negron were
sentenced to 50 years, 35 years, and 35 years, respectively, for their roles in
the scheme. These sentences are the three longest prison sentences ever imposed
in a Medicare Fraud Strike Force case. ATC and Medlink pleaded guilty to
conspiracy to commit health care fraud. ATC also pleaded guilty to conspiracy
to defraud the United States and to pay and receive illegal health care
kickbacks. The corporations were sentenced to five years of probation per count
and ordered to pay restitution of $87 million. Both corporations have been
defunct since their owners were arrested in October 2010. Acevedo, a marketer
for ATC, was sentenced to 91 months in prison.
This case is being prosecuted by Trial
Attorneys Allan J. Medina, Steven Kim and William Parente of the Criminal
Division’s Fraud Section. The case was investigated by the FBI and HHS Office
of Inspector General (HHS-OIG) and was brought as part of the Medicare Fraud
Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S.
Attorney’s Office for the Southern District of Florida.
Since its inception in March 2007, the
Medicare Fraud Strike Force operations in nine locations have charged more than
1,330 defendants that collectively have billed the Medicare program for more
than $4 billion. In addition, HHS’s Centers for Medicare and Medicaid Services,
working in conjunction with the HHS-OIG, are taking steps to increase
accountability and decrease the presence of fraudulent providers.
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