A Michigan pain physician faces a maximum penalty of life in prison after a jury convicted him for masterminding a $100 million healthcare kickback scheme.
A federal jury in the Eastern District of Michigan convicted the doctor last week of executing a complex scheme to defraud Medicare and other health insurance programs by administering medically unnecessary spinal injections.
Francisco Patino, M.D., 66, of Wayne County, prescribed excessive amounts of highly addictive opioids to his patients at his medical clinic in Livonia, Michigan, the Department of Justice (DOJ) said in a news release.
In exchange for opioids, Patino's patients would receive, or be billed as if they had received, facet joint or nerve block injections, both lucrative spinal injections, according to the DOJ.
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Although these spinal injections were purportedly intended to treat chronic pain, evidence at trial demonstrated that Patino injected patients without regard to medical necessity. Evidence also revealed that if patients refused to accept the injections, Patino would withhold their prescriptions for opioids.
From January 2012 through July 2017, Patino billed Medicare for more of these injections than any provider in the country, prosecutors said.
The evidence at trial showed that in 2016 and 2017, Patino prescribed more 30-milligram Oxycodone pills than every other provider in the state of Michigan.
Patino's scheme also involved illegal kickback relationships with at least one diagnostic laboratory, under which he was paid in exchange for referring his patients’ samples to that lab, according to the DOJ.
Prosecutors said Patino spent the money gained from these kickback schemes on jewelry, cars and vacations. The doctor also used the money to promote his specialized diet program and lifestyle and wellness book and to sponsor Ultimate Fighting Championship athletes to promote the Patino Diet.
Patino was convicted of one count of conspiracy to commit healthcare fraud and wire fraud, two counts of healthcare fraud, one count of conspiracy to defraud the U.S. and pay and receive healthcare kickbacks, one count of conspiracy to commit money laundering and one count of money laundering.
He is scheduled to be sentenced Jan. 20.
The FBI’s Detroit Field Office and the Department of Health and Humans Services' Office of Inspector General investigated the case.