The assistant director of nursing of a
Michigan home health agency, Juan Yrorita, age 63, was sentenced to 36
months in prison on March 29, 2018 by U.S. District Judge Drain for his role in a case involving approximately
$1.6 million in Medicare claims for home health services that were
procured through the payment of kickbacks, and that were also allegedly medically
unnecessary and not provided.
Mr. Yrorita plead guilty after four
days of trial to one count of conspiracy to commit health care fraud and wire
fraud. As part of his guilty plea, Mr. Yrorita admitted that his
co-conspirators at Anointed Care Services (Anointed), a Detroit-area home
health agency, paid kickbacks to recruit Medicare beneficiaries. Mr. Yrorita
further admitted that as Anointed’s assistant director of nursing, he falsified
medical records to support Anointed’s fraudulent claims to Medicare for
services that were medically unnecessary and never provided. According to the
evidence at trial, Anointed submitted approximately $1.6 million in false and
fraudulent claims to Medicare.
Mr. Yrorita was charged along with
Editha Manzano, 70, Liberty Jaramillo, 67, Roberto Quizon, M.D., and Victoria
Gallardo-Navarra, M.D., 74, in an indictment returned on Sept. 1, 2016. Ms.
Jaramillo and Dr. Quizon pleaded guilty and are pending sentencing. Dr. Gallardo-Navarra
was acquitted and Ms. Manzano was convicted after trial and is pending
sentencing. It was a split verdict and shows that there are some cases where an acquittal is possible.
Posted by Tracy Green, Esq.
Green and Associates
