A federal judge has ruled that Texas State Rep. Tara Rios Ybarra and other dental professionals named in an illegal kickback and fraud case can continue to treat Medicaid patients.
Rios Ybarra and four other Rio Grande Valley dentists are accused of receiving illegal kickbacks from McAllen oral surgeon Gary Schwarz.
Schwarz, Rios Ybarra and the other four appeared before U.S. Magistrate Judge Dorina Ramos in McAllen on Monday to ask permission to continue treating Medicaid patients while out on bond.
Prosecutors were against it but defense attorneys argued that Medicaid patients made up the majority of their clients.
Judge Ramos issued an order around 4:30 p.m. Tuesday allowing Rios Ybarra and the dentists to continue to see Medicaid patients.
But Judge Ramos ordered that the South Padre Island-based lawmaker and the others cannot engage in business with Schwarz, who prosecutors say is at the center of the alleged scheme.
Judge Ramos also ordered that Dr. Schwarz is prohibited from billing Medicaid from June 22nd, 2010 on foward.
The judge further ordered that Rios Ybarra and the other four dentists cannot communicate with witnesses unless they are spouses, employees, employers or co-workers.
Two the dentists named in the case, Dr. Colbert Glenn and Dr. Diana Woo Paparelli, are married and own five dental clinics together in Hidalgo County.
Glenn's attorney David Botsford told Action 4 News that his client was pleased with Judge Ramos' decision.
"I think the magistrate has done the correct thing," Botsford said.
Rios Ybarra's attorney Eric Reed issued the following statement about the ruling:
| | Today, a federal judge ruled against the government and in favor of Dr. Tara Rios and other dentists in the case, ruling that Dr. Rios can resume serving all of her patients, including those who rely on Medicaid benefits for their care. This is a victory for both Dr. Rios and her patients. Dr. Rios is gratified by the Court’s ruling and continues to have faith that our justice system will vindicate her. Today's decision further demonstrates the fact that Dr. Rios has neither been accused of defrauding Medicaid in any way nor has she been accused of improper patient services. In fact, Dr. Rios maintains a spotless record of excellent patient care and compliance. Dr. Rios continues her commitment to her patients, her constituents, and her community, and she is deeply grateful for their continued outpouring of support. We respectfully disagree with the government’s theories in the case, and if the government persists in this prosecution, we will hold them to their burden of proof in Court. Dr. Rios broke no laws, and we ask the community to withhold judgment and let the judicial process unfold. | |
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