Podiatrist Receives Multi-Year Sentence in Medicare, Medicaid Fraud Case

by Andrew Murray | August 12th, 2019

On July 30, 2019 the Department of Justice announced the sentence of nearly three years in the health care fraud case. The Press Release states:

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A podiatrist with offices in Mentor was sentenced to nearly three years in prison for fraudulently billing Medicare and Medicaid nearly $1.2 million.

Robert J. Rosenstein, 65, of Highland Heights, was sentenced to 33 months in prison and ordered to pay approximately $453,615 in restitution. He previously pleaded guilty to one count of health care fraud.

According to court documents:

Rosenstein was the president and sole shareholder of Affiliated Podiatrists, Inc., located at 7230 Mentor Avenue, Suite 311, in Mentor, which was formed in 1984.

Rosenstein was convicted of conspiracy to commit bank fraud in 2013. He was suspended from the Medicare program and not allowed to bill Medicare for three years as a result of the conviction.

In 2014, Rosenstein closed Affiliated Podiatrists and caused articles of incorporation to be filed with the Ohio Secretary of State for Community Foot and Ankle of Mentor (CFAM), located at the same address. Rosenstein controlled daily operation of CFAM and was the de facto owner of the practice. A month later, Rosenstein caused CFAM to file an enrollment application with Medicare. The application was signed by someone else, not Rosenstein, and did not list Rosenstein as having ownership or a controlling interest in the company.

In 2016, he was barred from participation in the Medicaid program.

Rosenstein knowingly and willingly defrauded Medicare and Medicaid between July 14, 2014 and May 9, 2018. He did this by performing medical services at CFAM for Medicare and Medicaid recipients and billing under another provider’s name even though he knew he was excluded from participation in the programs.

Medicare was fraudulently billed approximately $968,938 as a result of Rosenstein’s claims while Medicaid was fraudulently billed approximately $219,330.

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