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Showing posts from December, 2011

Med-Cal Fraud for billing device other than one used

The Second Appellate District in California affirmed a judgment of conviction for a physician who committed fraud for knowingly billing Medi-Cal for use of an expensive and approved medical device when he instead used a cheaper device that was not approved for reimbursement. 

From 2004-2006, the office of OB-GYN Eduardo Guzman billed Medi-Cal for the insertion of 176 IUDs. The billings used the precedure code designated for teh trade name "ParaGard" when in fact he used a cheaper type of IUD manufactured in Mexico.

The court found the evidence at trial was sufficient to show an intent to defraud Medi-Cal.

The case is: People v. Guzman, ___C.A.2nd; Dec. 12, 2011; B232299.

The Conrad Murray Sentence in the Wake of California’s Prison Realignment Act of 2011

Conrad Murray – to be known forever as the man associated with the King of Pop’s untimely death. Despite being convicted by a jury of involuntary manslaughter, Dr. Murray may never see the inside of a state prison cell. He has the California Realignment Act of 2011 and the United States Supreme Court to thank for that bit of good news (Brown v. Plata was discussed in our last email blast).

Upon his conviction for a violation of California Penal Code § 192(b), Dr. Murray faced a sentence of 2, 3, or 4 years. Prior to the passage of AB 109 (the Realignment Act of 2011), Dr. Murray would have had to serve these years in state prison pursuant to Penal Code § 193. Post-AB 109 – no longer the case. Dr. Murray, sentenced to 4 years on November 29, 2011 by the Los Angeles County judge presiding over the case, will now serve his time in a local county jail, which comes with its own benefits.

California’s Prison Realignment Act of 2011, passed in order to address prison overcrowding per a man…