By: Christopher A. Parrella, Esq., CPC, CHC, CPCO
Parrella Health Law, Boston, Ma.
A Health Law Defense and Compliance Firm

In Boston’s federal district court , Daphne Jenkins, a Virginia-based nurse practitioner, has been sentenced to prison for her role in a substantial telemedicine fraud scheme. This case underscores the potential vulnerabilities within telemedicine, and highlights the imperative need for rigorous compliance in the deployment of such services.

Jenkins was sentenced to 18 months in prison followed by two years of supervised release, including a year of home confinement, by U.S. District Court Judge Nathaniel M. Gorton. Additionally, she is required to pay $3,952,761 in restitution for her involvement in fraudulently signing orders for durable medical equipment (DME) which were medically unnecessary. Her fraudulent activities contributed to a staggering $7.8 million in claims submitted to Medicare.

The Mechanics of the Fraud
Between December 2018 and April 2020, Jenkins collaborated with a purported telemedicine company, utilizing DocuSign to electronically approve DME orders that had been pre-filled by telemarketing firms. These firms actively solicited Medicare beneficiaries, gathering their personal information under the guise of legitimate medical outreach. Jenkins approved these orders without any direct communication with the patients or a legitimate provider-patient relationship, often without thoroughly reviewing the documents. For instance, Jenkins signed a 16-page packet containing multiple orders in just about 32 seconds, and similarly, a 37-page packet in approximately 45 seconds. This case vividly illustrates the risks associated with the misuse of telemedicine technologies. The ease and efficiency that make telemedicine so appealing are also what make it susceptible to abuse. Jenkins’ actions not only led to significant financial losses for Medicare but also potentially compromised the quality of care for countless patients by endorsing unnecessary medical equipment.

Legal and Ethical Considerations
The sentencing of Jenkins serves as a reminder of the severe consequences of bypassing the legal and ethical obligations inherent in medical practice. This incident should prompt healthcare providers using telemedicine to reevaluate their operational protocols and compliance measures to prevent similar fraudulent activities.

How Parrella Health Law Can Help
At Parrella Health Law, we specialize in healthcare law, emphasizing the importance of compliance. We can assist healthcare providers and telemedicine companies in establishing robust compliance programs that safeguard against fraud. Our services include:

• Developing and implementing compliance checks and balances.
• Training staff on service specific regulatory requirements.
• Performing regular audits to ensure adherence to healthcare laws.

This case of telemedicine fraud is a cautionary tale for all healthcare providers. It highlights the need for vigilance and strict adherence to compliant practices in all aspects of medical care. Parrella Health Law is here to guide healthcare organizations through the complexities of compliance, helping to prevent fraud and protect the integrity of patient care services. Please call us at 857-328-0382 or email me directly at cparrella@parrellahealthlaw.com for more information.

Christopher Parrella, ESQ, CPC, CHC, CPCO, is the founding partner of Parrella Health Law in Boston, Mass. The firm focuses exclusively on healthcare defense and compliance matters. Chris also travels the country on behalf of a wide range of healthcare organizations, lecturing on a variety of health care enforcement and compliance topics. Chris is one of a handful of health care attorney’s that are also Certified Professional Coders (CPC) and is a member of the AAPC’s National Legal Advisory Board and Ethics Committee.  He is also a Certified Professional Compliance Officer (CPCO) and Certified in Health Care Compliance (CHC.)