Ron Elfenbein: The Man Who (Almost) Had It All
Ron Elfenbein, physician, successful entrepreneur, candidate for office and beacon of the community, is facing 50-years in jail. As a healthcare ethics keynote speaker, healthcare ethics consultant and book author, I have learned to accept that titles, accolades, community, and political standing do not always equate with ethical behavior.
The Healthcare Scam
According to the Capitol Gazette (August 8, 2023):
“A jury convicted Ron Elfenbein, 49, of Arnold [MD], after a three-week trial in the Maryland District Court in Baltimore. The three-time candidate for statewide office faces a maximum sentence of 50 years in federal prison — 10 years for each count — when sentenced Nov. 4.”
He committed a healthcare fraud amounting to an excess of $15 million in over-charged claims, charging Medicare for COVID-19 testing. Here is a physician with power, prestige, and political status who had a need for wealth but was reluctant to work for it.
As a healthcare ethics keynote speaker and healthcare ethics consultant who speaks nationwide on healthcare fraud, I see tremendous irony here. For Elfenbein owned the Drs ERgent Care company. The chain of companies, based in Gambrills, Maryland, was already successful. In fact, “With locations throughout Anne Arundel and Howard counties, as well as a now-closed operation at BWI Marshall Airport, First Call Medical Center also ran COVID-19 testing facilities at the Earleigh Heights and Odenton volunteer fire departments during the pandemic.”
Yet Elfenbein rationalized that during COVID the government was no more than a giant giveaway. He felt empowered to charge additional fees for complex testing and treatments that were never performed on top of the rapid COVID-19 tests.
In fact, he over-charged Medicare, Medicaid; TRICARE, CareFirst BlueCross BlueShield; and the Health Resources and Services Administration the same fees for a rapid drive-through test, as patients who had office visits and treatments.
Elfenbein somehow felt entitled to overcharge at whim. According to the attorneys who represented the doctor in court:
“(He) is obviously disappointed in the jury’s decision and continues to believe that he did not knowingly submit false claims for services provided by Drs ERgent Care. He is considering his options moving forward.”
Larger mockery?
As a healthcare ethics expert and healthcare ethics consultant, what really makes me shake my head is that this physician who bilked the government was a would-be politician! After moving to Maryland to finish his residency and to start a successful practice, his main passion was politics. Not surprising (but highly disappointing), “much of his time in the state has been spent in and around politics. He ran as a Republican for the House of Delegates in 2006, the state Senate in 2010 and the House again in 2016, losing all three races.”
At the same time, Elfenbein was rubbing elbows with politicians from the governor on down, he was scamming the government. In fact, he received awards for his work during the pandemic. It is impossible to make this unethical craziness one that makes sense. An embarrassing visual that appeared in the local newspapers shows Maryland Governor cutting the ribbon for Elfenbein’s clinic at BWI Marshall Airport.
The larger mockery, of course, was that this would-be politician cheated his government and as a physician, he cheated his patients and the healthcare system. His unethical dealings were personal failures, of course, but more so, failures of professional ethics and political ethical safeguards.
Could money and influence have had more of an impact here than training and ethical education? Obviously. This was a breakdown in ethical training and expectations on two fronts and underscores all that is wrong with the system. Perhaps just as bad, Elfenbein was able to solicit the help of those around him: clerical, bookkeeping and medical. He could not have done this alone.
The biggest shame in all of this is the biggest ethical failure in all of this: Elfenbein himself. He could have done so much good and yet he embraced what was unethical and bad. He almost had it all and now he will inherit a jail cell and enough shame to last a lifetime.
LEAVE YOUR COMMENTS!
Anyone who actually knows anything about healthcare and healthcare billing know that if the doctor was billing a higher visit level then this should have been a simple charge back of the extra $25 per claim. (Not the entire claim as the gov and others are alleging)
I am assuming this doctor who probably was just the over seeing physician and not actually seeing the patients himself was billing a level 4 visit. Which per the billing guide book was completely legit and legal. The government didn’t go after people who billed a level 3 visit. A $25 difference. This is just another example of how the government ask doctors to put their lives and time on the line during Covid, paid the claim and then went wait we want our money back and ruin this guys life. Just to make headlines and further their own ambitions. So doc,,,, best practice is never bill the government!! They will screw you
You going to retract this awful article now that he was acquitted on all charges?
https://www.justice.gov/usao-md/pr/maryland-doctor-convicted-after-three-week-trial-covid-19-healthcare-fraud-scheme – doesn’t look like acquittal to me. What am I missing. If he was acquitted…provide proof. Otherwise the article stands.
You are Mistaken he was acquitted by the judge https://www.beckersasc.com/asc-news/physician-acquitted-of-15m-medicare-fraud-conviction.html
Thank you for the correction. This is interesting and something that’s been at issue for some time. Makes me think that the reversal will make it more difficult for the government to prove these types of cases moving forward.