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Sen. Cornyn Backs Legislation To Exempt Religious Organizations From Overreaching Obamacare Mandates

2-2-12

WASHINGTON—U.S. Sen. John Cornyn, R-Texas, today announced he is a cosponsor of the Religious Freedom Restoration Act of 2012, which would provide protections for individuals and organizations who, because of their religious beliefs, are opposed to certain government mandates included in Obamacare. Specifically, the bill would insert a conscience clause to the Patient Protection and Affordable Care Act that exempts faith-based organizations from being required to offer their employees private insurance that includes coverage for birth control, sterilizations, and abortifacients if they are contrary to the organization’s moral or religious beliefs.

“I’m proud to support this important legislation that seeks to rein in Obamacare’s unprecedented government overreach into the religious freedoms of faith-based organizations. I hope my colleagues in the Senate will join me in passing this legislation to affirm the rights of religious organizations in Texas and across the country.”

The Religious Freedom Restoration Act of 2012 was introduced by U.S. Sen. Marco Rubio, R-FL, and inserts the following conscience clause into the PPACA law:  

‘‘(d) CONSCIENCE PROTECTIONS.—

‘‘(1) IN GENERAL.—No guideline or regulation issued pursuant to subsection (a)(4), or any other provision of the Patient Protection and Affordable Health Care Act, or the amendments made by that Act (Public Law 110-148), shall—

‘‘(A) require any individual or entity to offer, provide, or purchase coverage for a contraceptive or sterilization service, or related education or counseling, to which that individual or entity is opposed on the basis of religious belief;

“‘(B) require any individual or entity opposed by reason of religious belief to provide coverage of a contraceptive or sterilization service or to engage in government-mandated speech regarding such a service.
Edinburg Man Sentenced To Federal Prison For Health Care Fraud and Identity Theft Following State and Federal Investigation

2-3-12


The following news release was issued by the U.S. Attorney for the Southern District of Texas on Feb. 2, 2012:

DME Business Owner Lands in Federal Prison for 10 Years for Health Care Fraud and Identity Theft Scheme

Court considered additional evidence related to obstruction of justice
McALLEN - Juan De Leon, 41, of Edinburg, Texas, and owner of United DME Inc. was sentenced today to 120 months in federal prison, without parole, for his role in a health care fraud and identity theft scheme, United States Attorney Kenneth Magidson and Texas Attorney General Greg Abbott announced today.

Following a four-day trial and approximately an hour of deliberations in late September 2011, a federal jury in McAllen convicted De Leon on charges of conspiracy, health care fraud and aggravated identity theft related to his scheme to submit fraudulent claims to Medicare and Medicaid for a variety of medical, items including power wheelchairs and diabetic supplies.

At a hearing this morning, U.S. District Judge Randy Crane, who presided over the trial, sentenced De Leon to 120 months in federal prison, the statutory maximum prison sentence for health care fraud, and ordered him to pay $750,000 in restitution to Medicare and Medicaid. De Leon will also have to serve a three-year term of supervised release upon completion of his prison term.

De Leon owned and operated United DME Inc., a durable medical equipment (DME) company located in Weslaco, Texas. During the trial, the United States presented evidence that from 2007 through 2010, De Leon directed his employees to submit false and fraudulent claims to Medicare and Medicaid for power wheelchairs that were not delivered and for diabetic supplies and other medical items that were not delivered. The jury heard evidence that instead of providing the medically necessary power wheelchairs prescribed by the patients’ doctors, De Leon would instead provide the patients with less expensive, and more difficult to operate, scooters that they could not use. In other cases, De Leon or his staff submitted claims to Medicare and Medicaid for medical items allegedly delivered after the beneficiary had passed away. According to evidence at trial, De Leon attempted to conceal the scheme by altering records contained within patient files including backdating delivery tickets and forging patient signatures on delivery tickets.

At today’s sentencing hearing, the United States presented additional evidence that during the investigation and prosecution of the case, De Leon obstructed justice by altering and forging patient files prior to producing them to investigators. In addition, De Leon attempted to influence and intimidate government witnesses by instructing them to lie to investigating agents about various matters.

Previously on bond, De Leon was ordered into federal custody following the jury’s verdicts in September where he has remained and will remain pending transfer to a Bureau of Prisons facility to be determined in the near future.

This case was investigated by the FBI, U.S. Department of Health and Human Services-Office of Inspector General and the Texas Attorney General’s Medicaid Fraud Control Unit. Assistant United States Attorney Greg Saikin and Special Assistant United States Attorney Rex Beasley prosecuted the case.


FOR OTHER ITEMS ASSOCIATED WITH ATTORNEY GENERAL ANNOUNCEMENTS, ACCESS OAG NEWS RELEASES ONLINE AT WWW.TEXASATTORNEYGENERAL.GOV.