News Summary
A federal appeals court has reinstated the conviction of Dr. Ron Elfenbein, previously acquitted of health care fraud involving $15 million. The court determined there was sufficient evidence supporting the jury’s original decision. Elfenbein was found guilty of inflating Medicare bills for brief visits and falsifying records related to COVID-19 testing. The case raises questions about the enforcement of healthcare regulations amidst the pandemic.
Baltimore, Maryland – Federal Appeals Court Reinstates Conviction of Doctor in COVID-19 Testing Fraud Case
A federal appeals court has overturned the recent acquittal of Dr. Ron Elfenbein, a physician previously convicted of health care fraud involving $15 million. The decision was made by a three-judge panel from the U.S. Court of Appeals for the 4th Circuit, which stated there was sufficient evidence to support the jury’s original decision from the 2023 trial.
Dr. Elfenbein, age 51, was found guilty on five counts of health care fraud in U.S. District Court in Baltimore. He was accused of submitting inflated bills to Medicare for brief medical visits and falsifying medical records concerning COVID-19 testing. The fraudulent activity stemmed from patient interactions that occurred between March 5 and May 12, 2021, when the COVID-19 pandemic was heavily influencing medical practices and testing protocols.
The Maryland-based physician owned Drs ERgent Care LLC, which operated facilities under the titles First Call Medical Center and Chesapeake ERgent Care in Anne Arundel and Prince George’s counties. One notable location under his management was an urgent care center situated at the Baltimore-Washington International Thurgood Marshall Airport, where he also provided COVID-19 testing services.
Court Findings and Appeals Outcome
Following Dr. Elfenbein’s conviction, he was acquitted by U.S. Senior District Judge James K. Bredar over four months after the trial due to what he deemed insufficient evidence. Judge Bredar argued that the way regulations were defined did not constitute a criminal offense, indicating that medical practitioners were allowed certain flexibilities in their billing practices.
However, the appellate court disagreed, concluding that substantial evidence existed for a jury to reach a conviction. Circuit Judge Julius N. Richardson underscored the significance of the jury’s role in assessing witness testimony and determining credibility. The appellate panel did, however, uphold the prior ruling that allowed Dr. Elfenbein a new trial.
Future Proceedings and Context
Neither Dr. Elfenbein nor his attorney, Martin Himeles Jr., were available for comments following the appeals court ruling. As of the most recent updates, it remains uncertain whether prosecutors will pursue a new trial against him. Meanwhile, Dr. Elfenbein’s medical license continues to be active, as reported by the Maryland Board of Physicians.
At the time of Elfenbein’s indictment in 2022, former U.S. Attorney Erek Barron accused him of taking advantage of the COVID-19 pandemic to illicitly benefit financially from Medicare funds. Barron had made a commitment to aggressively pursue cases of fraud related to COVID-19, highlighting the urgency of holding medical professionals accountable during unprecedented times. The outcome of this case raises questions about the rigorousness of regulations and enforcement in the healthcare sector, especially in the wake of the pandemic’s unique challenges.
As developments continue to unfold regarding the fraud case, the focus on healthcare practices and adherence to ethical standards is likely to intensify, particularly as implications of financial misconduct could impact trust in medical services provided during critical times.
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Additional Resources
- The Baltimore Banner
- CBS News
- Baltimore Sun
- Voice News
- New York Times
- Wikipedia: Healthcare Fraud
- Encyclopedia Britannica: Health Care Fraud
Author: STAFF HERE CLEVELAND WRITER
CLEVELAND STAFF WRITER The CLEVELAND STAFF WRITER represents the experienced team at HERECleveland.com, your go-to source for actionable local news and information in Cleveland, Cuyahoga County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as the Cleveland International Film Festival, Rock & Roll Hall of Fame Induction Ceremony, and the Cleveland Air Show. Our coverage extends to key organizations like the Greater Cleveland Partnership and Destination Cleveland, plus leading businesses in manufacturing and healthcare that power the local economy such as Cleveland Clinic and Sherwin-Williams. As part of the broader HERE network, we provide comprehensive, credible insights into Ohio's dynamic landscape.
