Joseph Rodriguez, 58, of Coral Springs, faces up to 10 years per count after jury finds he exploited elderly patients seeking pandemic tests
A federal jury in the Southern District of Florida convicted Joseph Rodriguez, 58, of Coral Springs, on charges of conspiracy to commit health care fraud and six substantive counts of health care fraud for a scheme that exploited patients seeking COVID-19 tests during the pandemic and billed Medicare more than $15 million for unnecessary blood tests, the Justice Department announced.
Rodriguez was vice president of a testing laboratory and owned and operated a separate marketing company, Phoenix Health, according to court documents and evidence presented at trial.
Prosecutors said Rodriguez targeted elderly patients at residential country clubs in the West Palm Beach area who were desperate for COVID-19 nasal swab and blood antibody tests. When those patients signed up for just swab and antibody tests at drive-through testing events organized by Rodriguez through Phoenix Health, they were, in addition to the COVID-19 tests they wanted, subjected to tens or even hundreds of unnecessary blood tests they did not want or need — and that no doctor ordered as required.
The tests ranged from hormone tests to heavy metal tests for arsenic, mercury, and cadmium, according to the evidence. They were then billed to Medicare as if they were medically necessary and ordered by a treating physician.
Rodriguez marketed the drive-through COVID-19 events to the country clubs, set up the testing events, directed his staff to draw extra blood for the unnecessary tests, and caused a doctor’s name to be fraudulently listed on the claims submitted to Medicare, the Justice Department said.
The claims covered tests conducted at nine different clubs over approximately four months involving almost two thousand patients. As a result, Medicare was billed more than $15 million and paid over $500,000, according to the evidence.
Evidence at trial included patient complaints sent to Rodriguez, complaints from one of the doctors who supposedly ordered such tests wondering why Medicare had been billed thousands of dollars for blood tests in the doctor’s name, and managers from the country clubs asking Rodriguez why these extra blood tests were being done on their club members when all they wanted were COVID-19 tests.
“The defendant took advantage of patients desperate for COVID-19 tests at the height of the pandemic to bill Medicare for unnecessary blood tests,” said Assistant Attorney General Colin M. McDonald of the Justice Department’s National Fraud Enforcement Division. “Such egregious conduct in the face of a global pandemic cannot stand and will be prosecuted. The Fraud Division remains committed to holding the perpetrators of such schemes accountable.”
Acting Deputy Inspector General for Investigations Miranda L. Bennett of the U.S. Department of Health and Human Services Office of Inspector General said the case highlighted a troubling scheme that took advantage of vulnerable patients during a national public health crisis.
“By placing personal gain above the well-being of elderly individuals, the defendant violated their trust and threatened the integrity of our health care system,” Bennett said. “HHS-OIG remains steadfast in its mission to protect public health and ensure that individuals who abuse federal health care programs and the people they serve are held fully accountable.”
FBI Special Agent in Charge Brett D. Skiles said the verdict reflects the strength of the evidence.
“This guilty verdict holds Joseph Rodriguez accountable for his role in a scheme that exploited patients and fraudulently billed Medicare for millions of dollars,” Skiles said. “The jury’s verdict reflects the strength of the evidence and underscores that those who seek to profit through fraudulent schemes will be held accountable. The FBI and our law enforcement partners remain committed to protecting patients, safeguarding taxpayer dollars, and pursuing those who defraud federal health care programs.”
Rodriguez faces a maximum penalty of 10 years in prison for each count. A sentencing hearing will be scheduled by the court at a later date in January 2027.
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