From: rpautrey2 on
2008aug07

From the Los Angeles Times


3 Southern California hospitals accused of using homeless for fraud


Facilities in Los Angeles and Tustin allegedly churned thousands of
indigents through their sites and billed Medicare and Medi-Cal for
costly and unjustified medical procedures.

By Cara Mia DiMassa, Richard Winton and Rich Connell
Los Angeles Times Staff Writers

August 7, 2008

On a Sunday afternoon two years ago, five homeless people being
dropped off on Los Angeles' skid row by an ambulance caught the
attention of police officers.

The officers videotaped what they thought was a case of hospitals
dumping patients in a section of the city where few would notice or
care.

But as investigators began to unravel the incident, they say they
found something far different: a massive scheme to defraud taxpayer-
funded healthcare programs of millions of dollars by recruiting
homeless patients for unnecessary medical services.

The elaborate enterprise churned thousands of indigents through
hospitals over the last four years and billed Medicare and Medi-Cal
for costly and unjustified medical procedures, federal, state and
local investigators said Wednesday.

Those involved in the alleged conspiracy "ranged from street-level
operatives to the chief executive of a hospital," U.S. Atty. Thomas P.
O'Brien said.

After raids on three hospitals in Los Angeles and Orange counties
Wednesday, one hospital chief executive faces criminal charges and
executives at two other facilities were accused of fraudulent business
practices in a related civil lawsuit filed by Los Angeles City Atty.
Rocky Delgadillo.

Some of the homeless patients involved received tests or treatments
that were potentially harmful, authorities said.

The "depravity" of the alleged scheme startled authorities, said
Salvador Hernandez, assistant director in charge of the FBI's Los
Angeles office.

"The defendants are accused of preying on the homeless and exploiting
their desperate conditions for personal gain," he said.

Arrested on federal charges were Dr. Rudra Sabaratnam, an owner and
chief executive of City of Angels Medical Center, and Estill Mitts, an
alleged patient recruiter who operated a storefront facility called
the Assessment Center in the heart of skid row. A 21-count grand jury
indictment accuses the pair of healthcare fraud and receiving illegal
kickbacks.

Mitts, who was released Wednesday afternoon on $25,000 bail and
confined to his home, is also charged with money laundering and income
tax evasion. His attorney declined to comment. Late Wednesday,
Sabaratnam's attorney, John Vandevelde, argued at a court hearing that
the charges against his client were "not that significant." But the
doctor was being held in custody until another hearing today.

In addition to City of Angels, agents earlier Wednesday swarmed Los
Angeles Metropolitan Medical Center and Tustin Hospital and Medical
Center in Orange County. Pacific Health Corp., which owns both
hospitals, said in a statement that it had cooperated with authorities
and believed it would be cleared of any illegal conduct.

Officials said the investigation was continuing and additional
defendants were expected to be charged. The total amount of the fraud
was still being tallied, but prosecutors said Mitts' operation could
have cost the government $11 million in improper payments and that
City of Angels collected $5 million in federal healthcare
reimbursements. City of Angels did not respond to requests for
comment.

Delgadillo sued the three hospitals, their operators and several
others. The hospitals used unfair business practices to fill empty
beds in a bid to boost their finances, the suit claims.

The privately owned medical centers allegedly worked with patient
recruiting operations on skid row that plucked homeless people from
the streets and delivered them, with fake medical diagnoses, to the
hospitals.

According to court filings, "runners" or "stringers" on skid row
looked for homeless recruits. Prospects were offered small sums of
money, typically $20 or $30, to be paid upon completion of a hospital
stay of one to three days. The street recruiter typically received $40
for each homeless recruit with Medicare eligibility and $20 for each
recruit with Medi-Cal benefits, according to the city attorney's
lawsuit.

Some solicitations were direct, but others were coded, according to
the city attorney's lawsuit. One alleged street pitch referred to the
color scheme of the Medi-Cal eligibility card: "Red, white and blue,
just make it do what it do, for me and you."

A person familiar with the workings of the alleged scheme told The
Times last year that employees at the Assessment Center would recruit
people on skid row to reach out to potential patients, who may or may
not have needed medical treatment. The source, who spoke on the
condition that he not be named, said some patients were reimbursed for
their time with money, food or a pack of cigarettes -- what was called
an "incentive."

In other instances, the source said, patients walked into the center
on their own.

Recruiters "were looking for someone who was sick or immobile," the
source said. "Someone who was in need of money, who was down and out,
sleeping on the street, with nowhere to go."

The source said it didn't matter whether the patients were currently
using drugs or not, or whether they had underlying psychiatric issues.

Delgadillo said patients received treatment for conditions including
dehydration, a yeast infection and a cardiopulmonary disorder that
"didn't exist." One patient, referred to in the city attorney's
lawsuit as "Recruit X," suffered from a mental disorder and was sent
by the Assessment Center to all three of the medical centers.

At one of the hospitals, the lawsuit says, the patient was given a
nitroglycerin patch for a nonexistent cardiopulmonary condition,
causing a precipitous drop in her blood pressure. The treatment, said
Delgadillo "put her in peril."

Wednesday's crackdown sends a message that "those who would seek to
defraud our healthcare system, and those who would callously exploit
mentally impaired and drug-addicted homeless men and women to turn a
profit will be prosecuted to the fullest extent of the law,"
Delgadillo said.

In addition to Mitts and Sabaratnam, the city attorney's civil lawsuit
names Pacific Health Corp.; Los Angeles Doctors Hospital Corp., which
operates Los Angeles Metropolitan Medical Center, corporation Chief
Executive John Fenton and admitting physician Frederick Rundall; and
Tustin Hospital and Medical Center, Chief Executive Daniel Davis,
Chief Financial Officer Vincent Rubio and admitting physicians Kenneth
Thaler and Al-Reza Tajik. Also named are Intercare Health Systems
Inc., which owns and operates City of Angels Medical Center, and
Robert Borseau, who, like Sabaratnam, was an owner/officer.

Most of the defendants could not immediately be reached for comment.

The Tustin hospital was allegedly guaranteed 40 to 50 patients a
month; City of Angels got 25 to 30. Metropolitan Medical Center
received patients whenever beds were available, according to the suit.
City attorneys allege that the admitting Drs. Rundall, Thaler and
Tajik did not see the patients until shortly before their discharge.
City attorneys allege that for patient referrals, Mitts' group was
paid $20,000 per month each from Metropolitan Medical Center and
Tustin, while City of Angels paid between $400 to $1,000 a week to the
recruiting group.

The suit also alleges that Rubio, the Tustin hospital's chief
financial officer, personally received a $3,500-a-month kickback from
Mitts' group to ensure that Tustin continued to take homeless patients
from the skid row center.

cara.dimassa(a)latimes.com

richard.winton(a)latimes.com

rich.connell(a)latimes.com

Times staff writer Sue Horton contributed to this report.


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Copyright 2008 Los Angeles Times
http://www.latimes.com/news/printedition/front/la-me-skidrow7-2008aug07,0,1923750.story