Another Psychologist Indicted for Medicare Fraud

As seen in this press release from the United States Department of Justice

A Corpus Christi area psychologist has been indicted for allegedly defrauding Medicare or Medicaid, United States Attorney Don DeGabrielle announced today.

Joe Luis Lerma, 53, a licensed psychologist with a professional office in Corpus Christi, was indicted by a federal grand jury on January 23, 3007. The indictment is the result of a two year joint investigation conducted by the Federal Bureau of Investigation, the Department of Health and Human Services Office of Inspector General and the State of Texas Office of Attorney General--Medicaid Fraud Control Unit Corpus Christi Division.

Following his indictment, a warrant issued for Lerma’s arrest. Investigating agents served Lerma with the warrant today, January 24, 2007, at his office located on Staples Street. A United States Magistrate Judge today ordered Lerma could be released upon posting $25,000 of a $250,000 bond into the registry of the federal court. Arraignment has been set for Friday, January 26, 2007 at 1:30 p.m.

The indictment alleges that Lerma devised a scheme in which he billed Medicare and Medicare for services not performed by a licensed psychologist, not provided under the supervision of a licensed psychologist, or not provided at all. In some instances, Lerma is also accused of double billing for services.

This case will be prosecuted by Special Assistant United States Attorney Julie Hampton.

The indictment alleges fifteen separate instances occurring between September 2002 and March 2005 during which Lerma fraudulently billed Medicare or Medicare for services either not performed, not performed by a licensed psychologist or for which he “double billed.” Six of the fifteen counts allege Lerma “double billed”, that is, he billed both Medicaid and the Corpus Christi Independent School District for the same psychological testing performed on someone referred to him by the school district.

Each of the 15 counts of health care fraud carry a maximum statutory penalty of 10 years in federal prison without parole and a $250,000 fine, upon conviction.

Indictments are formal accusations of criminal conduct, not evidence. A defendant is presumed innocent unless and until convicted through due process of law.