[Source: Health Lawyers Weekly, January 25, 2008 - AHLA]
A Tennessee physician who was convicted of healthcare fraud and making false statements for administering partial doses of chemotherapy medications to cancer patients while billing for full doses received a “reasonable” prison sentence of 188 months (15 years, eight months), the Sixth Circuit ruled January 16.
Among other issues, the appeals court considered the lower court’s decision to grant the federal government’s request to increase the maximum sentencing range under the federal Sentencing Guidelines by two level enhancements.
The Sixth Circuit concluded the district court did not err in increasing the physician’s sentencing range under the Guidelines because her conduct created a risk of death or serious bodily injury, affected a large number of “vulnerable victims,” and also constituted obstruction of justice.
The court also ordered the physician to pay $432,238 in restitution to the state Medicaid program, Blue Cross and Blue Shield, and other private health plans.
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Case: United States v. Moon, No. 06-5581 (6th Cir. Jan. 16, 2008).
