U.S. v. Patel

Record contained sufficient evidence to support defendant-doctor’s conviction on charge of receiving kickbacks from home health care provider in exchange for referrals made to said provider by defendant. While defendant argued that he could not be convicted for said offense where, as here, defendant’s patients made initial selection of home health care provider without any evidence that defendant had steered patients to said provider, Ct. found that defendant had made necessary “referral” under instant criminal statute, where defendant certified or recertified to Medicare that said patients needed care from said provider, and where defendant received payments from said provider only after defendant had signed Medicare forms certifying necessity of said care.