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Miami Woman Gets 4 Years in Prison for Illegal Silicone Injection Scheme

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On September 20, 2017, a Florida federal judge sentenced a Florida woman to more than four years in prison for her part in a conspiracy to inject non-medical silicone into the buttocks of hundreds of spa customers. U.S. District Judge Kathleen M. Williams handed down the sentence to Magaly Del Rosario, who pled guilty for her part in the scheme to purchase “misbranded” silicone from Colombia and inject it into her “patients.” The “patients” were seeking “buttocks augmentation” at the Bella Beauty Spa in Miami between 2008 and 2015, according to court documents.

The Scheme.

Prosecutors said Del Rosario conspired with a local salon owner to smuggle the silicone from Colombia by having it falsely labeled as a type of wax used for hair removal. The salon owner was sentenced to 79 months in prison in late August 2017 for her part in the plot.

Prosecutors also alleged that the duo calmed patients’ worries by implying that they were both licensed to perform the procedure and telling them that they were being injected with a safe, temporary substance. In fact, prosecutors said, the pair knew the material was non-medical silicone, which is not only permanent but is also dangerous.

The Consequences of Such a Dangerous Scheme.

According to prosecutors, the silicone injections, which were made without the supervision of a licensed medical practitioner, can cause embolisms, infections, scar tissue formation, necrosis, skin discoloration and increased immune system activity. They also said that the silicone can travel to other unintended parts of the body causing discomfort and pain for patients.

After clients began complaining of complications and medical issues, they were directed to a man who was also practicing medicine without a license. The man was previously incarcerated for the same offense and allegedly performed minor surgeries in the salon.

Unlicensed Medical Practice Abounds in Florida.

Is it just me,. or does it seem that Florida is rife with those practicing medicine, dentistry and other health professions without a license? I have written blogs on this many times in the past. It is so prevalent that it pops up from time to time in the novels of Florida humor writers such as Carl Hiaasen and Tim Dorsey, as merely another unusual fact of life in Florida. I also previously wrote a blog on another Florida woman who was sentenced to 11 years in prison after her patient died from the illegal silicone injections. Click here to read the blog.

Why Don’t Patients Check Out the Credentials of Their Physicians?

Why don’t patients check out the credentials of their physicians? This just seems like common sense. Yet Florida abounds with phony doctors, phony paramedics, phony dentists and others practicing medicine or some other health profession without being licensed or even knowing anything about the field. Is it driven by the expense of medical procedures? To a certain extent it may very well be. It may also be partially explained by a failure of the “patients” to comprehend the possible adverse consequences of what may be viewed as a “minor” procedure. To a large extent, the unlicensed individuals who do this also prey on foreign born immigrants and foreigners, trusting them because they speak the same language.

The problem seems to go way beyond just the lack of licensure of the person providing the medical services. I constantly see cases of licensed medical doctors holding themselves out as experienced practitioners in medical specialties for which they are not board certified. I have seen cases where board certified obstetricians/gynecologists are practicing pain management, where family practice physicians are performing plastic surgery procedures, where dentists are running medical spas providing cosmetic laser services, where nurses are performing cosmetic medical procedures, etc.

If you were diagnosed with a brain tumor, would you go to a family practice doctor to have it removed because he didn’t charge as much. If you needed a hernia repair, would you go to the “doctor” at the flea market, because she was so inexpensive? Consumers really need to be more worried about the experience and credentials of their physicians and check them out completely. Neighbors who have “doctors” set up clinics in their homes and garages need to rat these people out. Phony plastic surgeons who only advertise in Spanish on Spanish radio stations need to be reported to the authorities. Florida needs to do more about these unlicensed and licensed, but unqualified, health practitioners.

Contact Health Law Attorneys Experienced with Investigations of Health Professionals and Providers.

The attorneys of The Health Law Firm provide legal representation to physicians, nurses, nurse practitioners, CRNAs, dentists, pharmacists, psychologists and other health providers in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Medicare investigations, Medicaid investigations and other types of investigations of health professionals and providers.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Crosby, Christopher. “Miami Woman Gets 4 Years For Spa Silicone Injection Scheme.” Law360. (September 20, 2017). Web.

Scicchitano, Paul. “Illegal Miami Butt Biz Sends Spa Manager To Jail.” Miami Patch. (September 20, 2017). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

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New DOJ Memo Shifting Government Policy in False Claims Act Cases Should make Healthcare Providers Happy!

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On January 29, 2018, the U.S. Department of Justice (DOJ) released a new internal memorandum that we believe signals a backing-off of government support for False Claims Act cases. The memorandum sent by Associate Attorney General Rachel Brand, references “vast reams” of government agency guidance explaining the government’s views and interpretation of various laws. It includes laws related to requirements for accurate billing of Medicare and Medicaid by healthcare providers.

The “Brand Memorandum.”

In the memo, Brand said the DOJ “may not use its enforcement authority to effectively convert agency guidance documents into binding rules.” The memo is a product of Attorney General Jeff Sessions’ move in November 2017, to curtail “regulation by guidance.”

It states that it specifically applies to civil enforcement of laws, including the False Claims Act (FCA), that the Associate Attorney General oversees.

Click here to view the DOJ’s Brand Memorandum in full on our website.

Implications of the Brand Memorandum.

Brand’s memorandum stopped short of completely forbidding the use of agency guidance in support of DOJ cases. The memorandum indicates that, while violations of agency guidance can’t be used to prove violations of law, they can still be used “to help prove that the party had the requisite knowledge” of its legal obligations, Brand wrote.

FCA cases can be affected by many types of guidance. Medicare contractors provide guidance on billing when appropriate and the U.S. Food and Drug Administration (FDA) issues guidance on illicit off-label promotion. Additionally, the Office of the Inspector General (OIG) issues guidance and bulletins related to kickbacks and improper physician referrals.

To learn more about the DOJ’s role in health care fraud and compliance, click here to read one of my prior blogs.

Visit our website to find out how The Health Law Firm can assist you with Medicaid fraud defense, Medicare fraud defense and False Claims Act defense cases.

What Will the Long Term Effects Be?

We see these latest actions by the DOJ to announce a policy of allowing big corporations unbridled discretion to steal from the tax payers. We believe it signals a change to discouraging False Claims Act cases from being brought. It is difficult to see why DOJ is easing off of matters that help the prosecution of False Claims Act cases, especially those by individual relators (whistle blowers). Whistle blower or qui tam cases brought by hundreds of individual whistle blowers are now recovering billions of dollars each year in Medicare and Medicaid fraud. Why would anyone want to stifle such a successful program?

It is argued by DOJ that the DOJ’s budget is limited and U.S. Attorneys need to be freed up to go after serious crime, but that is exactly why the False Claims Act was passed in the first place. If the government doesn’t have the resources, personnel or, more importantly, the interest in pursuing those who files false claims and state form the tax payer, then private whistle blowers or relators are authorized to do this. All the government has to do is to decline to intervene in the case and then the relator can go ahead and pursue the case on its own, without costing the government anything. It was because of war profiteers’ treating the U.S. treasury as a piggy bank, to be looted anytime they felt like it, that caused the False Claims Act’s passage in the Civil War era.

There is also a big concern that if there is less guidance on such complex topics as how to properly document valid medical services and procedures delivered to patients, then how can busy doctors, health care professionals and health facilities hope to understand what is require of them. It is my understanding that such “guidance” is for just such a purpose, to guide those who are trying to comply.

Consult with a Health Law Attorney Experienced in Medicare and Medicaid Issues Now.

The attorneys of The Health Law Firm represent health care providers in Medicare audits, ZPIC audits and RAC audits throughout Florida and across the U.S. They also represent physicians, medical groups, nursing homes, home health agencies, pharmacies, hospitals and other healthcare providers and institutions in Medicare and Medicaid investigations, audits, recovery actions and termination from the Medicare or Medicaid Program.

For more information please visit our website at www.TheHealthLawFirm.com or call (407) 331-6620 or (850) 439-1001.

Sources:

Overley, Jeff. “New DOJ Memo Will Make Waves In Fraud Cases.” Law360. (January 29, 2018). Web.

“New DOJ Memo Will Make Waves In Fraud Cases.” Institute for Legal Reform. (January 29, 2018). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

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By The Health Law Firm|2024-03-14T10:01:28-04:00May 15, 2018|Categories: Mental Health Law Blog|Tags: DOJ defense attorney, DOJ investigation defense attorney, DOJ investigation representation, false billing defense attorney, False Claims Act (FCA) attorney, false filling representation, FCA defense attorney, FCA representation, Fraudulent billing defense attorney, fraudulent billing representation, health care compliance attorney, health care compliance representation, health care fraud defense attorney, health care professional defense attorney, health care professional representation, Medicaid fraud defense attorney, Medicare fraud defense attorney, OIG defense attorney, OIG investigation representation, representation for health care fraud, representation for Medicaid fraud, representation for Medicare fraud, reviews of The Health Law Firm, The Health Law Firm attorney reviews, U.S. Department of Justice (DOJ) guidance representation|Comments Off