Doctor Convicted in Kickback Scheme Involving a Philadelphia Hospice

PHILADELPHIA—A federal jury has returned guilty verdicts against Eugene Goldman, M.D., 55, of Philadelphia, on one count of conspiring to violate the anti-kickback statute and four counts of violating the anti-kickback statute in relation to his role in a kickback scheme arising from his employment as the Medical Director at Home Care Hospice Inc. (HCH). U.S. District Court Judge Eduardo Robreno scheduled a sentencing hearing for September 9, 2013.

The evidence at trial proved that from approximately December 2000 until approximately July 2011, Dr. Goldman served as the medical director for HCH and regularly referred Medicare or Medicaid patient beneficiaries to HCH. HCH was a for-profit business in Philadelphia that provided hospice services for patients at nursing homes, hospitals, and private residences.

In December 2000, the defendant and one of the co-owners of HCH entered into a written contract to create the false appearance that all payments to Goldman from HCH were for services rendered in Goldman’s capacity as medical director for HCH, when in fact the large majority of payments from HCH to Goldman were illegal payments for the referral of Medicare and/or Medicaid patients to HCH. From January 2003 to October 2008, Goldman received approximately $263,000 in illegal payments for patient referrals. In January, February ,and March 2009, Goldman was captured on tape receiving kickbacks for patient referrals.

The maximum penalty for each count is five years in prison, a $250,000 fine, a three-year term of supervised release and a $100 special assessment. The conviction will result in the mandatory exclusion of Dr. Goldman from participation in any federal health care program.

The case was investigated by the Federal Bureau of Investigation and the Department of Health and Human Services, Office of Inspector General. It was prosecuted by Assistant United States Attorney Suzanne B. Ercole and Trial Attorney Margaret Vierbuchen of the Organized Crime and Gang Section in the Justice Department’s Criminal Division.