Podiatrist Criminally Convicted for Orchestrating $1.8M Medicare Billing Fraud

Last week, a federal jury convicted a podiatrist for his role in orchestrating and implementing a scheme to defraud Medicare. Dr. Kenneth Mitchell, who was terminated from participating in the Medicare program in 2015, sought an end-run around the termination by having his then-partner set up a new healthcare entity through which Mitchell billed claims for services he provided for Medicare beneficiaries. Medicare paid approximately $1.8 million related to the scheme. Mitchell was convicted of three counts of health care fraud and one count of conspiracy to commit health care fraud and wire fraud associated with the above conduct. Additionally, as Mitchell submitted fraudulent documents to the government when approached about the foregoing scheme, he was convicted of one count of falsification of records in a federal investigation.

This conviction highlights the importance of submitting claims properly, including through the appropriate credentials as well as establishing entities for proper purposes. Additionally, as we have previously discussed, it demonstrates that enforcement directed at podiatrist is increasing, including for relatively low-dollar amount fraud.