Posted on 11/08/2002 9:39:16 AM PST by Dems_R_Losers
LOUISVILLE, Ky., Nov. 7 — The federal government filed a lawsuit today accusing Lt. Gov. Steve Henry, an orthopedic surgeon who is considering running for governor next year, of defrauding Medicare and Medicaid.
The accusations stem from Dr. Henry's role supervising orthopedic residents, or surgeons in training, at the University of Louisville.
Under federal regulations, supervising doctors must be present during surgery to legally bill the two government programs for their time. A lawsuit brought today under the False Claims Act accuses Dr. Henry of improperly billing for 44 operations it says he missed.
All 44 operations were from 1996 to 2001, after Dr. Henry was elected lieutenant governor as a Democrat in 1995.
Each incident described in the lawsuit outlines Dr. Henry's whereabouts at the time of the surgery. Most show him at political functions when the surgery was performed, including an Oct. 10, 1996, operation the lawsuit shows listed for the same hours it says Dr. Henry was awaiting the arrival of President Bill Clinton at a political rally.
In a news conference today, Dr. Henry called the accusations untrue. He said he missed only 16 operations, not 44, and blamed staff members for the billing errors in the 16 cases.
He also said the mistakes were not made "recklessly or intentionally."
"We're not dealing with any crime," Dr. Henry said. "If I had done anything wrong, they would have me in criminal proceedings. This comes down to who owes who money."
He has said he intended to continue exploring a run for governor.
Gov. Paul Patton, embroiled in accusations that he used his office to assist and then retaliate against a business owner with whom he had had an affair, is barred by term limits from seeking re-election.
The case against Dr. Henry had been investigated for possible criminal violations, but United States Attorney Stephen Pence said in September that he would not seek an indictment.
Mr. Pence said that he delayed filing the lawsuit at the request of Dr. Henry's lawyers but that settlement discussions had "not been fruitful."
Under the False Claims Act, the government is allowed to triple the amount of damages to the state. Mr. Pence estimates the loss to the state at $60,000, which would be tripled to $180,000.
The lawsuit also seeks a penalty of $5,000 to $11,000 for each of the 44 claims, raising the approximate total of damages plus penalties to $400,000 to $600,000, Mr. Pence said.
Dr. Henry's lawyer, Bixler Howland, disputed the $60,000 figure, saying medical bills and records showed that the state lost only $27,000.
Dr. Henry then received less than half that amount, Mr. Pence said.
Most investigations under the act have involved Medicare, which pays for health care for the elderly and also provides billions of dollars to the nation's teaching hospitals for medical education.
Statewide elections next year, looks like another Georgia on the way!
And what's really disgusting is that she switched her party affiliation from Republican to commiecrat after the engagement was announced........
This can't do anything but help Jim Bunning in the Senate race and increase the GOP's chances of gaining the governor's mansion in '04.
I hadn't heard this. That's great news.
Interesting. When the residents screw up the operation, who do you sue: the guy with the knife in his hand; the supervising doctor; or the hospital?? Yeah, I know, all of them, especially the guy with the insurance.
But the guy standing on the sidelines gets paid, is he then responsible?
The only bad part of this is that a liberal was elected Mayor of Lexington and would have a pretty good shot at Fletcher's seat in 2004 if he runs and wins. But it would be worth losing this seat in Congress to gain the governorship. Fletcher would be a shoo-in for Bunning's Senate seat in 2010.
Hmmmmmm .. could someone explain to this lawyer .. the point is the Doctor ripped off the State regardless of the amount
And the last I knew .. it is still a no no ..
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.