Lewis v. State

A jury found Rickie Lee Lewis and his co-defendant, Edwin Hall, Jr., guilty of conspiracy to defraud the State, Medicaid fraud, and theft by taking. On appeal, Lewis contends that his prosecution was barred by the statute of limitations. He also asserts that the trial court erred in admitting certain evidence and in instructing the jury. As Lewis’ contentions are without merit, we affirm.

The essential facts in this case were thoroughly set forth in this Court’s opinion in Hall v. State.1 Succinctly stated, the record shows that Lewis incorporated We Care Family Services, a non-profit corporation that purportedly provided counseling services to Medicaid recipients. Dr. Hall, a psychologist, became affiliated with We Care, and he obtained a Medicaid provider number. Hall allowed Lewis to use his provider number, and Hall gave We Care a power of attorney to handle billing. Using Hall’s number, Lewis back-billed Medicaid for services rendered prior to Hall’s affiliation with We Care. Lewis continued to use Hall’s number to bill Medicaid for services that were never provided, or that were not provided by a licensed professional, or that were not medically necessary. Lewis and Hall divided the money they received.2 From 1994 through 1995, We Care was paid over half a million dollars.