Lessons From 5th Circ. Mother-Son Health Care Fraud Case

By Mario Nguyen (September 14, 2018, 1:01 PM EDT) -- Psychologist Rodney Hesson and his mother, Gertrude Parker, were each convicted of conspiracy to commit health care fraud, 18 U.S.C. § 1349 (2018), and conspiracy to make false statements related to health care claims, 18 U.S.C. § 371 (2018), for their roles in a scheme to overbill Medicare for psychological care services provided to nursing home residents.[1] Hesson was sentenced to 180 months imprisonment and over $13.8 million in restitution, while Parker was sentenced to 84 months imprisonment and over $7.3 million in restitution.[2] The court found the two jointly and severally liable for the restitution along with their two co-conspirators, who had pled guilty before trial.[3] The mother-son duo together raised eight points on appeal. In an unpublished per curiam opinion, the Fifth Circuit held "none persuades."[4] While a lack of intent is a common defense to the prosecution of high-level health care administrators, Hesson shows that there is more than one backdoor for the government to meet its burden....

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