Two Doctors Convicted of Falsely Certifying Patients as Terminally Ill as Part of $8.8 Million Healthcare Fraud Scheme

https://www.justice.gov/usao-cdca/pr/two-doctors-convicted-falsely-certifying-patients-terminally-ill-part-88-million

FOR IMMEDIATE RELEASE

U.S. Attorney Eileen M. Decker

Thursday, May 5, 2016

LOS ANGELES – Two doctors were found guilty today of federal health care fraud charges for falsely certifying that Medicare patients were terminally ill, and therefore qualified for hospice care, when the vast majority of them were not actually dying.

Following a two-week trial, the doctors were found guilty of participating in a scheme related to the Covina-based California Hospice Care (CHC). Between March 2009 and June 2013, CHC submitted approximately $8.8 million in fraudulent bills to Medicare and Medi-Cal for hospice-related services, and the public health programs paid nearly $7.4 million to CHC.

The two doctors convicted today by a federal jury are:

• Sri Wijegoonaratna, known as Dr. J., 61, of Anaheim, who was found guilty of seven counts of health care fraud; and
• Boyao Huang, 43, of Pasadena, who was found guilty of four counts of health care fraud.

Robert Falcon Ouellette Parliament Speech

http://www.nationalrighttolifenews.org/news/2016/05/robert-falcon-ouellette-suicide-assisted-suicide-speech-in-parliament/#.Vy1XCSghzzJ

Editor's Note Mr. Ouellette, a 38-year-old Cree, references Attawapiskat. Last month the Canadian parliament held an emergency debate on Aboriginal suicides after 11 people, nine of them minors, attempted suicide in one weekend in Attawapiskat, a remote community of 2,000 in northern Ontario.

The following is excerpted from the speech delivered by Robert Falcon Ouellette MP (Winnipeg Centre Liberal) on Monday May 2.

Robert Falcon Ouellette MP

"[Bill C-14] is taking us down a path that is very 

dangerous, and we do not know where it ends."

Madam Speaker, a report in The Globe and Mail on April 24, 2016, says 13-year-old Sheridan Hookimaw killed herself on the banks of the river that winds through Attawapiskat. The sickly girl had been flown out for weekly medical appointments. She wanted to end her pain, and in the process, she set off a chain reaction not only in her community but in communities right across this country, which we are still dealing with today.

Canadian parliamentary debate: Without amendment, Bill C-14 "will protect no one."

Garnett Genuis, MP

Mr. Garnett Genuis (Sherwood Park ­Fort Saskatchewan, CPC) . . .

I want to be clear that I do not believe in an all-or-nothing approach. Many of my colleagues and I who have broad philosophical concerns about what is happening here are still willing to vote in favour of legislation that does not re-criminalize euthanasia, if it advances positively in the direction of saving some lives, especially minimizing the risk to vulnerable persons. However, this legislation does not contain meaningful safeguards. Without amendment, it will protect no one.

We know that this law has written exceptions. However, it has exceptions to the exceptions; and may I say it has exceptions to the exceptions that are not at all exceptional?

This legislation has a requirement for the provision of written consent. However, if people cannot provide written consent, someone else can do it on their behalf.

This legislation prescribes a waiting period. However, the waiting period does not apply in the event of possible imminent death or loss of capacity.

There is so much ambiguity here.

Canada: Liberal MP Robert-Falcon Ouellette is Voting "NO"

Robert-Falcon Ouellette, MP

http://aptn.ca/news/2016/04/20/indigenous-liberal-mp-ouellette-voting-against-governments-assisted-dying-bill/

Liberal MP Robert-Falcon Ouellette says he plans to vote against his party’s proposed bill to legalize medically assisted dying [assisted suicide and euthanasia].

Ouellette said the federal government should work around the deadline and delay legalizing assisted death for at least five to 10 years until it’s absolutely clear what sort of impact it would have in all corners of Canadian society.

Why on Earth is Anyone Surprised By the Rise in US Suicides? Advertising Works.

"Though the economy may well have contributed to this rise,
True Dignity calls everyone’s attention to a fact that is being ignored. 1998 was the year in which Oregon became the first state in the nation  to put legalized assisted suicide into practice."

From True Dignity Vermont:

News sources are reporting with surprise and seeming alarm on the Center for Disease Control's newly released statistics showing that deaths by suicide in the entire US are on the rise.  Why the surprise?  It has been common knowledge since the rise of mass media, and even before, that advertising works.

True Dignity has neither the expertise nor the time to analyze the CDC report’s statistics  in detail.   A few quotes will suffice to paint the picture of our current situation.

“The suicide rate in the United States increased by 24% from 1999 through 2014…among all groups.  The increase in suicide rate has been steady since 1999, before which there was a consistent decline since 1986…”  (USA Today, April 22, 2016, http://www.usatoday.com/story/news/2016/04/22/suicide-rate-rise-us/83284568/).

Canadian Government Position on Suicide "Absurd"

http://lethbridgeherald.com/commentary/letters-to-the-editor/2016/04/21/is-suicidea-right-ora-tragedy/

Suicide: a right or a tragedy? 

The Emperor has no clothes.

The answer to this question might seem obvious, but the government of Canada apparently thinks that "both" is an appropriate answer. In one week, the same MPs in the same House of Commons discussed recently introduced legislation concerning assisted dying, while also holding an emergency debate on the rash of suicides and suicide attempts in remote aboriginal communities. This is absurd.

On the one hand, we are justifiably concerned and dismayed over the alarming suicide rates in aboriginal communities. And why shouldn't we be? It is tragic that so many people, especially youth, wish to end their lives, deciding that life is meaningless and not worth living.

Canada: Oregon Doctor Urges Rejection of Carter and Bill C-14

Dear Member of Canadian Parliament,

VOTE NO ON BILL C-14; INVOKE THE NOTWITHSTANDING CLAUSE TO OVERRIDE THE CARTER DECISION

"Don't follow Oregon's
 failed experiment"

For 49 years I have been a cancer doctor in Oregon where assisted suicide has been legal for a number of years. I have seen the tragedy and harm to patients, the medical profession and society from assisted suicide.

If enacted Bill C-14 will encourage people with years to live to have their lives terminated prematurely. My patient, Jeanette Hall, wanted assisted suicide from me in 2000. After helping her have hope in her cancer condition, she agreed to be treated and is now alive and very well 15 years later.  She says, "It's great to be alive!"

A Letter From Western Australia to Canadian MP Robert-Falcon Ouellette

I was pleased to see you questioning the impact of legalizing assisted suicide and euthanasia on

Canada's Indigenous people.

As Canada considers legislation to change the law on murder and assisted suicide to allow certain people to be killed with legal immunity it may be helpful to consider the fate of the world's first modern euthanasia law.

In 1996 the Australian Parliament overturned the Northern Territory's euthanasia law. This followed an extensive Senate committee inquiry in which one of the key issues canvassed was the deep opposition to the idea that a doctor could give a lethal injection from the indigenous community and its leaders. Chapter 5 of the committee's report detailed concerns that indigenous health, already seriously below par with that of other Australians, would be further set back as indigenous people were afraid and unwilling to go to a hospital where one of the "treatments" on offer was a lethal jab.

"No" on Bill C-14 and Carter; No Assisted Suicide; No Euthanasia

Robert-Falcon Ouellette

Dear MP Robert-Falcon Ouellette:

I was happy to see the CBC article concerning your reluctance to endorse Bill C-14. You are right to be concerned.

I am a lawyer in Washington State USA where assisted suicide and euthanasia are legal. Bill C-14 and legalization generally will encourage people with years to live to throw away their lives. Carter was wrong. Legalization does not promote the right to life.

Please consider the following reasons:

1.  The bill's title, "medical assistance in dying," implies that eligible people are dying. There is no requirement that people be dying. They are instead required to have a "grievous and irremediable medical condition." See Bill C-14, § 241.2(2).

Canada, Liberal MP Not Sure About Proposed Assisted Suicide/Euthanasia bill

http://www.cbc.ca/news/canada/manitoba/robert-falcon-ouellette-doctor-assisted-dying-indigenous-communities-canada-1.3537217

Robert-Falcon
Ouellette, MP

For Winnipeg Centre Liberal member of Parliament Robert-Falcon Ouellette, the ramifications of the Trudeau government's doctor-assisted dying bill are too final.

"Once we make a decision on this, there will be no going back," Ouellette said on Friday.

On Thursday, new legislation on doctor-assisted death [assisted suicide and euthanasia] was formally presented in Parliament.  . . .

The bill is expected to go before the House of Commons for a free vote, which means MPs can base their vote on their conscience, not their party.. . .

"I'm concerned that we haven't thought out the complete ramifications that a decision like this might have on indigenous communities that seem to be suffering greatly," he said. . . .

Ouellette said he has not reached a decision about how he will vote on [the bill] in the House of Commons.

Margaret Dore Speaking to Australian Delegation

Margaret Dore, Esq., MBA, speaking
 to the Delegation

On April 7, 2016, Margaret Dore, attorney and president of Choice is an Illusion, accompanied by her assistant, Brenda Ray, met with a five member delegation from the Legal and Social Issues Committee, Parliament of Victoria, Australia.

The topic was assisted suicide and euthanasia. The place was the Picnic House Restaurant in Portland Oregon where Dore spoke over lunch in opposition to legalization. Despite the serious nature of the topic, a good time was had by all.

Dore's written materials can be viewed by clicking here and here.

Crime Blog: Hospice owner urged nurses to overdose patients so they would die quicker, FBI says

http://crimeblog.dallasnews.com/2016/03/frisco-hospice-owner-urged-nurses-to-overdose-patients-to-speed-their-deaths-fbi-says.html/

Jamie Knodel Email jknodel@dallasnews.com
Published: March 29, 2016 10:29 pm

BY SCOTT GORDON, KXAS-TV (NBC5)

The owner of a Frisco medical company regularly directed nurses to overdose hospice patients with drugs such as morphine to speed up their deaths and maximize profits and sent text messages like, “You need to make this patient go bye-bye,” an FBI agent wrote in an affidavit for a search warrant obtained by NBC 5.

The executive, Brad Harris, founded the company, Novus Health Care Services Inc., in July 2012, according to state records.

Novus’ office is on Dallas Parkway in Frisco.

No charges have been filed against Novus or Harris. Harris, 34, did not return messages left with a receptionist and at his Frisco home.

Harris, an accountant, told a nurse to overdose three patients and directed another employee to increase a patient’s medication to four times the maximum allowed, the FBI said.

In the first case, the employee refused to follow the alleged instructions, the agent wrote in the affidavit. The document does not say whether the other three patients were actually harmed.

Harris also told other health care executives over a lunch meeting that he wanted to “find patients who would die within 24 hours,” and made comments like, “if this f— would just die,” an FBI agent wrote in the warrant.

An FBI spokeswoman declined to comment on the investigation.

Novus’ website says the company offers hospice and home health care services.

“We have a saying at Novus, be fast and treat people the way we would want to be treated,” the website says. “This encourages us to go the extra mile to make patients feel comfortable and secure about their special needs and requests.”

New Hampshire: No on Assisted Suicide/Euthanasia Commission (SB 426)

Members of the House:

I am a lawyer in Washington State where assisted suicide is legal.  I urge you to oppose SB 426, which establishes a commission to study "end-of-life choices," a euphemism for assisted suicide and euthanasia for people who are not necessarily dying anytime soon.  Bills legalizing these practices, in the fine print, do not assure choice; they are uniformly stacked against the patient.  "Eligible" patients may have years, even decades, to live. (not end of life).

Specific Objections to SB 426:

1.  The New Hampshire House has already extensively studied assisted suicide/euthanasia, and rejected it. 

2.  Given the bill's deceptive language, the proposed commission will promote assisted suicide and euthanasia without being clear as to what's being discussed, and for whom it's being discussed (non-dying people).  The deceptiveness alone is bad public policy.

Rhode Island, Providence Journal Article

http://www.providencejournal.com/news/20160323/both-sides-bring-painful-stories-to-end-of-life-debate

"This bill encourages people to throw away their lives"

By Jennifer Bogdan, Journal State House Bureau

PROVIDENCE, R.I. — Susanna Brown couldn't make it to the State House Wednesday night to testify against a bill that could allow her to end her own life. 

The 75-year-old North Scituate resident has breast cancer that has spread to her bones, and she's struggling with her latest chemotherapy treatment. So she sent her daughter, Julie Lamin, to tell lawmakers this:

"She insisted that I come and speak on her behalf because this bill insults the dignity of her life," Lamin said. "She wanted to tell you that her life is valuable until that last breath and that this bill really scares her ... because someone could say, 'Well you're going to be suffering, and we don't want you to suffer. You can end it early.'"

Rhode Island: Press Release

https://choiceisanillusion.files.wordpress.com/2016/03/press-release-03-22-161.pdf

Dore:   “The bill is sold as assuring patient choice and control.  The bill is instead stacked against the patient and a recipe for elder abuse.” 

Contact: Margaret Dore

(206) 697-1217

Providence, RI – Attorney Margaret Dore, president of Choice is an Illusion, which has fought assisted suicide/euthanasia legalization efforts in many states and now Rhode Island, made the following statement in connection with tomorrow's legislative hearing on a bill seeking to legalize assisted suicide and euthanasia in that state.  (H 7659, hearing Wednesday, 3/23/16, Rise of the House).

"There is a bill pending before the Rhode Island House of Representatives, which seeks to legalize physician-assisted suicide, assisted suicide and euthanasia as those terms are traditionally defined," said Dore.  "The bill describes these practices as 'hastening death,' but there is no requirement that a person be near death.  Indeed, ‘eligible’ persons may have years, even decades, to live.”

Dore said, "The bill is sold as assuring patient choice and control.  The bill is instead stacked against the patient and a recipe for elder abuse.”  Dore elaborated, “The patient's heir, who will financially benefit from the patient's death, is allowed to actively participate in signing the patient up for the lethal dose.  After that, no doctor, not even a witness, is required to be present at the death.  Even if the patient struggled, who would know?”  Dore concluded, “The bill creates the perfect crime.”

Minnesota Senator Withdraws Bill

This afternoon, Senator Chris Eaton withdrew SF 1880, which had sought to legalize assisted suicide and euthanasia in Minnesota.

Senator Eaton did not have the votes to pass the bill out of committee.

To view a legal/policy memo analyzing the bill, click here.  To view the memo's attachments, click here.

Margaret Dore, Esq., MBA

Minnesota: Dore Memo Opposing Assisted-Suicide/Euthanasia Bill

Intro Re Minnesota Bill SF 1880:

The proposed bill seeks to legalize physician-assisted suicide and euthanasia as those terms are traditionally defined. The bill calls these practices, “aid in dying.” The bill does not, however, require that a patient be dying. Indeed, “eligible” patients may have years or even decades to live.

The bill also legalizes undue influence as that term is traditionally defined. The bill is otherwise stacked against the patient and a recipe for elder abuse. I urge you to vote “No” on SF 1880. Don’t be fooled.

To view the full memo, click here.  To view the attachments, click here.

Assisted Suicide Proponents Wilt After Tough Questioning by Committee

 http://stopassistedsuicidemd.org/assisted-suicide-proponents-wilt-after-tough-questioning-by-committee/

From Stop Assisted Suicide Maryland

Margaret Dore, Esq.

Posted on February 26, 2016

(Annopolis MD) Proponents of physician-assisted suicide struggled to answer the tough questions thrown at them at yesterday’s Senate Judicial Proceedings Committee hearing on SB 418. The Committee met late into the night with Senators raising significant concerns with the bill and its lack of protections.

The message from proponents, led by national group Compassion & Choices, was that any protections in the law would stall a patient’s ability to get a lethal prescription from their physician. And questions surrounding these increased protections continuously baffled witnesses. There is nothing in this bill that would require a mental health screening, or ensure a physician is present at the time the lethal dose is taken. Proponents’ response to these concerns is that the Maryland healthcare system can’t support these types of mandates.  This is a weak excuse when it comes to protecting our most vulnerable populations who will be at risk if this bill is passed.

In fact, across the board proponents neglect to mention the issues in this legislation that would put our most vulnerable populations at risk. One witness in support of the bill, even referred to the disabled community’s concerns surrounding abuse and coercion of the vulnerable as irresponsible. ... This is a community that has consistently faced discrimination in healthcare laws. To not consider the threat to this community is irresponsible.

Powerful testimony was presented by an elder law attorney [Margaret Dore] who raised the significant potential for elder abuse surrounding this legislation.* She stated that in her experience, it is very common that family members are coercing elderly relatives for financial reasons. In confusing answers, proponents pushed back against protections that would disqualify witnesses who would benefit financially from a death, using the unacceptable excuse that it would leave family out of this process.

The Senate Committee brought some important questions to the table and it was clear that proponents were not prepared to answer. Maybe it’s because they know the physician assisted suicide bill in Maryland is indefensible.   

* To view Ms. Dore's written testimony, please see memo here; click here for the appendix. 

Maryland senator withdraws assisted suicide/euthanasia bill

http://wtop.com/maryland/2016/03/maryland-right-to-die-measure-could-have-committee-vote/

ANNAPOLIS, Md. (AP) — A Maryland senator has withdrawn a measure to allow terminally ill residents to legally end their lives with drugs prescribed by a doctor.

[The bill, SB 418, would have legalized assisted suicide and euthanasia as those terms are traditionally defined]*

Sen. Ron Young, a Frederick County Democrat, said he withdrew the bill Thursday, when it became clear the measure did not have the votes in committee....

The bill stalled last year, but supporters hoped adding some safeguards would help.

Young says he doubts he will try again next year, because he says committee opponents are “just totally inflexible on it.” Opponents cited concerns that vulnerable people like the developmentally disabled could be pressured to end their lives.

*  See memo, pp. 1, 8-10; click here for the appendix. 

Breaking News: Nebraska Bill Voted Down!

A Nebraska Senator just wrote me:

Dear Ms. Dore,

Thank you for sharing your concerns with LB1056. The Judiciary Committee voted against letting this bill out of committee this afternoon.

Dore Opposition to Nebraska Bill Seeking to Legalize Assisted Suicide and Euthanasia

Dear Senator Seiler and Members of the Judiciary Committee,

The Introducer's Statement of Intent says that the bill is intended for dying people "when death is certain and imminent." This is not true. The bill, in fact, applies to people with years, even decades, to live. Please see the memo at this link: https://choiceisanillusion.files.wordpress.com/2016/02/nebraska-partial-memo-years-to-live.pdf

Let me know if you have any questions or concerns.

Thank you.

Margaret Dore, Esq., MBA
Law Offices of Margaret K. Dore, P.S.
Choice is an Illusion, a nonprofit corporation
www.margaretdore.com
www.choiceillusion.org
1001 4th Avenue, Suite 4400
Seattle, WA 98154

Don't pretend it's not assisted suicide - at least

Editorial Board:
The bill "is a huge jump ...
setting up a system whose
abuse could literally mean
murder."                       

http://nypost.com/2016/02/15/dont-pretend-its-not-assisted-suicide-at-least/

Deceptive names for legislation are nothing new, but this takes the cake.

Introduced by Democrat Amy Paulin in the Assembly and Republican John Bonacic in the state Senate, the bill would make it easier for terminal New York patients to get doctors to give them fatal doses of drugs.

They call it an “aid in dying” bill, but “Assisted Suicide Enhancement Act” is more to the point.

Or “The Streamlining Euthanasia Act.”

Colorado Assisted Suicide Bills Are a Recipe for Elder Abuse

FOR IMMEDIATE RELEASE

Dore: "Even if you like the concept of assisted suicide and euthanasia, the proposed Colorado bills have it all wrong."

Contact: Margaret Dore (206) 697-1217

Denver, CO  --  Attorney Margaret Dore, president of Choice is an Illusion, which has fought assisted suicide legalization efforts in many states and now Colorado, made the following statement in connection with legislative hearings being held today and tomorrow on bills seeking to legalize assisted suicide and euthanasia in that state. 

"The bills, SB 16-025 and HB 16-1054, seek to legalize physician-assisted suicide, assisted suicide and euthanasia as those terms are traditionally defined," said Dore. "The bills are described as 'aid in dying,' but their reach is not limited to dying people. 'Eligible' persons may have years, even decades, to live."

Dore said, "The bills are a recipe for elder abuse. The patient's heir, who will financially benefit from the patient's death, is allowed to actively participate in signing the patient up for the lethal dose. There is no oversight over administration."  Dore elaborated, "No doctor, not even a witness, is required to be present at the death. Even if the patient struggled, who would know? The bills create the perfect crime." 

"It gets worse," said Dore.  "The bills require the death certificate to be falsified to reflect a death by a terminal illness.  The significance is a loss of transparency as to the true cause of death and an inability to prosecute in the case of an outright murder for the money; the death, as a matter of law is a terminal illness."  

The Colorado bills seek to legalize assisted suicide and euthanasia for people who are "terminal," which is defined as a doctor's prediction of less than six months to live. In real life, such persons can have years, even decades, to live.

"Doctors can be wrong about life expectancy, sometimes way wrong," Dore said. "This is due to actual mistakes: They evaluated another patient's test results. More typically, however, doctors are wrong because predicting life expectancy is not an exact science. A few years ago, I was met at the airport by a man who at age 18 had been diagnosed with ALS and given 3 to 5 years to live, at which time he was predicted to die by paralysis. The diagnosis had been confirmed by the Mayo Clinic. When he met me at the airport, he was 74 years old. The disease progression had stopped on its own."

"If the Colorado bills become law, there will be new lethal paths of elder abuse, which will be legally sanctioned and hidden from view," said Dore. "People with years, even decades to live, will be encouraged to throw away their lives. Even if you like the concept of assisted suicide and euthanasia, the proposed Colorado bills have it all wrong."

For back up documentation, please see below:.

1. Memo from Margaret Dore, Esq., MBA, to the Colorado Senate State, Veterans & Military Affairs Committee and to the Colorado House Judiciary Committee, January 30, 2016, available here: https://choiceisanillusion.files.wordpress.com/2016/01/colorado-memo-01-30-16.pdf and here:
https://choiceisanillusion.files.wordpress.com/2016/01/colorado-memo-attachment_001.pdf

2.  Margaret K. Dore, "'Death with Dignity': What Do We Advise Our Clients?," King County Bar Association, Bar Bulletin, May 2009,https://www.kcba.org/newsevents/barbulletin/BView.aspx?Month=05&Year=2009&AID=article5.htm

3.  Nina Shapiro, "Terminal Uncertainty: Washington's new "Death With Dignity" law allows doctors to help people commit suicide-once they've determined that the patient has only six months to live. But what if they're wrong?" Seattle Weekly, 01/14/09, available at https://choiceisanillusion.files.wordpress.com/2015/08/terminal-uncertainty-w-o-ad.pdf

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