An attorney for State Representative Ed Henry has filed a motion to dismiss federal charges against him. Federal prosecutors say Henry committed medical fraud in an alleged scheme to falsely bill Medicare through a company he owns.
Henry's defense attorney argues the indictment is vague and confusing. The motion for dismissal states the allegations listed in the indictment do not constitute criminal conduct.
The indictment alleges a complex, overbilling scheme where Henry's company, My Practice24, Inc., provided chronic care management services to elderly seriously ill patients.
The indictment says Henry and a Montgomery family practice doctor were working a scheme and that the practice would refer patients to Henry in exchange for kickbacks to the doctor.
The indictment alleges thousands of dollars in overbilling from around March 2016 to March 2017.
According to federal prosecutors, Henry charged the doctor substantially less than the previous firm that had the chronic care services contract.
The complaint alleges the contract led to more patient referrals for the doctor.
Federal rules require patients in chronic care management to pay a co-payment for services.
The indictment claims Henry's company would bill Medicare for the services and falsely claim the patients were paying co-pays. That led to Henry's company receiving a higher reimbursement from Medicare than if the patients didn't pay the co-payment.
Henry's attorney says several claims in the indictment are so vague that it is a violation of the state representative's 5th and 6th amendment rights.
The defense attorney says the indictment fails to include any what Henry billed for his company services and what alleged transmissions of actions Henry made.
Henry retired from the legislature after the last session. He told WHNT News 19 he had "nothing left for Montgomery" after spearheading the effort to impeach Governor Robert Bentley, who resigned just as impeachment hearings began.