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A federal judge ordered a Chicago physician and his wife, Boycin Medical Clinic’s administrator, to pay $3,015,928 for home health referral kickbacks that caused false Medicare claims. Grand Home Health supplied the cash and gifts. The clinic supplied the referrals and the physician’s certifications that allowed the agency to bill. If you handled those forms, you saw a crucial part of the business behind the claims.
The federal jury found both clinic defendants liable under the False Claims Act in May 2023. The government brought the civil case against the physician and administrator. Grand Home Health Care, Inc. received the clinic’s referrals from 2008 to 2010, and its owners testified about the payments they made to obtain them.
In this case, the healthcare kickback was money and gifts paid to the clinic’s administrator in return for the physician’s referrals of Medicare patients. Grand provided home health services to those patients and billed Medicare. The jury found that the paid referrals caused false claims.
The arrangement reached into both the clinic and the household. The physician owned and operated Boycin on Chicago’s west side. His wife managed the clinic’s finances and administration. According to the district court’s account of the trial evidence, Grand’s owners described cash payments and gifts exchanged for referrals. One co-owner kept handwritten payment ledgers. The government also introduced a check payable to LifeBridge, a company co-owned by the administrator.
The gifts were part of the evidence about what the physician knew. He acknowledged that his wife received luxury gifts from a Grand co-owner, including a designer handbag. In his trial testimony, he described giving and receiving those gifts as:
business practice today in America.
Physician’s trial testimony, quoted in the district court’s February 15, 2024 opinion
The co-owner testified that she gave the gifts to keep the referrals coming. We call that buying referrals. The physician called it ordinary business, and Medicare got the bill.
Whether an agency pays a certifying office or a patient recruiter, the connection between the benefit and the patients matters. Here, the person receiving the money also handled the agency’s access to the physician’s signatures.
The clinic’s physician controlled a certification Grand needed to bill Medicare. The home health certification chain gave his signature value to the agency after a patient had been identified for referral.
The court described the clinic’s process in concrete terms. Boycin selected preferred home health providers. An agency sent a Form 485 to a clinic staff member, who presented it to the physician. The physician certified that the patient qualified for and needed home health care, and the signed form went back to the agency for Medicare submission.
He was the only person at Boycin who could make the required certifications. He reviewed and signed every Form 485 that came through the clinic. Grand’s co-owner dealt with the administrator when dropping off and collecting the forms and when making the payments.
That workflow joins two sides of the case: the money coming into the clinic and the approvals going out. The agency’s referral, the physician’s certification, the assessment, the visit documentation and the Medicare claim are separate records in the home health business. Someone processing forms may see who controls approval. Someone handling accounts may see the payment for that access. We connect those views to the claims the agency submitted.
In the Grand referral case, witness testimony, payment ledgers, bank records and the certification process connected the kickbacks to the physician’s knowledge and the Medicare claims. The court examined how those pieces fit together, including what the physician and administrator said about their own work.
The Grand co-owner’s notebooks recorded some $82,650 in payments to the clinic defendants during the relevant period. Bank records showed $49,000 in cash deposits into their joint checking account. The government’s forensic accountant testified that the timing of the recorded payments and the cash deposits was related, and that such large cash deposits were unusual for their business.
The physician said the deposits came from other income, including rent from an apartment above the clinic and payments for hosting foreign medical students. The accountant pointed out that income from those sources went into separate accounts.
The government put the agency’s handwritten ledger beside the recipients’ bank activity and the explanation offered for the deposits. That is the kind of connection an accounts employee’s knowledge can help us understand: what the business called a payment, where it went and whether the explanation fits.
The physician denied knowing about the cash kickbacks and described agency selection as work largely handled by his front office. His wife testified that he had final responsibility for selecting providers as a matter of patient care. His own account also shifted between choosing agencies based on recommendations and leaving the decisions to staff.
The court assessed that testimony alongside his role in signing every certification. The gifts, bank deposits and his control of the certifications supported the jury’s finding that he knew about the kickbacks. The case gives an insider a concrete reason to look beyond the person who physically accepted the cash when explaining who controlled the business.
A separate criminal case involving Grand and another physician shows why patient choice did not settle the referral question. The Seventh Circuit’s opinion describing that criminal case explained that patients needed home health care and chose independently among agency brochures. Grand nevertheless paid the physician $400 for each new-admission Form 485 and $300 for each recertification. The court treated those certifications as referrals.
The agency still needed the physician’s approval to obtain Medicare payment. Patient choice at the brochure stage left that financial relationship intact. It is a different question from whether the visits were medically necessary: who was being paid to authorize the agency’s Medicare business?
A file showing a real patient with a real need for care does not explain the cash paid for the certification. The clinical records describe the patient’s needs. The payment records and the office’s handling of the forms explain the agency’s relationship with the certifier.
The jury found that the kickbacks caused 158 false Medicare claims and that Medicare paid $425,976 on them. Both clinic defendants were responsible for the same civil judgment.
The Justice Department’s announcement gives the judgment’s components: $1,277,928 in damages after tripling the loss, and $1,738,000 in civil penalties. The penalties alone exceeded the tripled damages.
Grand’s two nurse-owners were cooperating witnesses in the civil trial. The district court opinion explains that, in related criminal proceedings, they pleaded guilty to conspiring to offer and pay kickbacks for referrals reimbursed by Medicare. Their cooperation included recorded telephone calls and testimony about the people receiving the payments.
Both owners testified for the government in the civil case. The government also called the physician and administrator, Medicare program contractors, a Department of Health and Human Services special agent who helped launch the Grand investigation, and a forensic accountant who examined the financial records.
A whistleblower case under the False Claims Act can pay 15% to 30% of what the government recovers. We build the case from your knowledge of the office’s referral relationships and the Medicare claims they produced.
If you saw agency payments arrive alongside certifications awaiting approval, talk to our whistleblower experts about the referral business inside your office. We work with you to build the case from that inside knowledge and bring in home health fraud whistleblower lawyers who understand paid referrals and Medicare billing. We stay beside you as the case moves from the office relationships you know to the claims they produced.