Surprise Nursing Home Inspections Leaked For Money

MIAMI, FL — A former 30-year Florida state employee was sentenced to nearly 5 years in prison for leaking surprise nursing home inspections, sensitive patient complaints and other secrets. Sixty-six-year-old Bertha Blanco of Miami pleaded guilty on Oct. 13 to one count of bribery concerning a program receiving federal funds. Federal prosecutors said Blanco pocketed roughly half-a-million dollars over a span of eight years.

"The information included the schedules of future unannounced inspections by AHCA surveyors and previously undisclosed patient complaints filed with AHCA," said federal prosecutors, referring to Florida’s Agency for Health Care Administration.

"Blanco knew that the information she provided in exchange for bribes could ultimately be used to fabricate and falsify medical paperwork and to temporarily remedy deficiencies so that AHCA would not discover lapses in patient care and revoke the licenses of the facilities that had received the information," prosecutors explained.

AHCA’s Division of Health Quality Assurance is responsible for the licensure and regulation of health care facilities in Florida that receive Medicare and Medicaid funds, including skilled nursing facilities, assisted living facilities and home health agencies.

The sentence was announced on Friday by Acting U.S. Attorney Benjamin G. Greenberg of the Southern District of Florida, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office and Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s Miami Regional Office.

In addition to the prison sentence, U.S. District Judge Ursula Ungaro also ordered Blanco to pay $441,000 in restitution and forfeit $100,000, which is equal to the gross proceeds from the offense.

Blanco sold the information to six other people including Philip Esformes, Isabel Lopez, Gustavo Mustelier, Gabriel Delgado, Guillermo Delgado and Sila Luis.

"Esformes is awaiting trial, presently scheduled for March 2018, on numerous charges related to health care fraud, wire fraud, kickbacks, money laundering, bribery, and obstruction of justice," prosecutors said. "Lopez and Mustelier pleaded guilty in May 2017 to conspiracy to defraud the United States and are awaiting sentencing."

Gabriel Delgado pleaded guilty in 2015 to money laundering and was sentenced to nearly five years in prison. Guillermo Delgado pleaded guilty in 2015 to conspiracy to distribute a controlled substance and was sentenced to more than nine years in prison. Luis pleaded guilty in June 2017 to conspiracy to commit health care fraud and was sentenced to more than six years in prison.

The case was prosecuted by David Snider, Elizabeth Young and Drew Bradylyons of the Criminal Division’s Fraud Section.

Photo courtesy of Wilkie D. Ferguson, Jr. U.S. Courthouse in Miami