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Jose Garcia, Medicare Fraud, Florida 2010

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Grimy Times Exposes Medicare Scam in Miami

In a shocking turn of events, Jose Garcia, 55, a fugitive for nearly two years, has pleaded guilty to his role in a massive Medicare fraud scheme involving a Miami-area HIV clinic. Garcia’s crimes have left a trail of destruction, with thousands of innocent victims suffering from the consequences of his greed.

According to court documents, Garcia operated Global Med-Care Corp. Inc., a medical clinic in Miami that purported to specialize in treating patients with HIV. Garcia, his co-defendant Nayda Freire, and their co-conspirators caused Global to submit claims to the Medicare program for expensive HIV medication that was medically unnecessary or never provided.

In return for a share of Global’s profits, Garcia and Freire agreed with their co-conspirators to oversee the staff necessary to operate Global, the Medicare patients whom Global billed to the Medicare program, and the transportation for the patients. Garcia admitted that he knew that Global would need to pay kickbacks to its patients and that Global could bill Medicare for HIV infusion services three times a week, for up to three months, for each patient.

Garcia also admitted that from approximately April 2003 through approximately August 2003, Global submitted approximately $10.9 million in claims to the Medicare program for HIV infusion services that were never provided and/or medically unnecessary. This staggering amount is a testament to the scope of Garcia’s crimes and the devastating impact it had on the victims.

The investigation into Garcia’s crimes has led to several other high-profile arrests, including his co-conspirators Nayda Freire, Carlos Benitez, Luis Benitez, and Thomas McKenzie. Freire pleaded guilty on Aug. 28, 2008, to one count of conspiracy to defraud the Medicare program and was sentenced to 30 months in prison. McKenzie also pleaded guilty and was sentenced to 14 years in prison, ordered to serve three years of supervised release, and pay $84 million in restitution to the Medicare program.

Garcia faces a maximum penalty of five years in prison for the false claims and kickback conspiracy count and a maximum penalty of 10 years in prison for the health care fraud conspiracy count. He is currently scheduled to be sentenced on Nov. 18, 2010. The case is a stark reminder of the importance of vigilance in protecting our healthcare system from those who seek to exploit it for personal gain.

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