DeKalb County Physician Indicted for Accepting Medicaid Funds for Abortions
On December 20, 2012, a DeKalb County Grand Jury issued an indictment against Andre Damian Williams, M.D., on one count of Medicaid Fraud (O.C.G.A. § 49-4-146.1(b)(1)) for using Medicaid funds to perform elective abortions. During the time period alleged in the indictment, January of 2009 to September of 2011, Williams owned two businesses, Legacy Obstetrics and DeKalb Gynecology Associates. The primary business at DeKalb Gynecology Associates was the performance of elective abortions.
The indictment alleges that Williams accepted a total of $205,003.00 in Medicaid funds for services not rendered and for services associated with the performance of elective abortions.
Since 1976, the federal law known as the Hyde Amendment has prohibited the use of federal funds to pay for elective abortions and services associated with elective abortions. In conformance with federal law and regulations, elective abortions and services associated with elective abortions are not covered by the Georgia Medicaid program.
Medicaid Fraud is punishable by one to ten years in prison and a fine of $10,000.00.
The case is being prosecuted by Nancy Allstrom, Senior Assistant Attorney General from the Georgia Medicaid Fraud Control Unit. The case was investigated by Investigator Shakethia Morgan, Investigative Auditor Amy Snow, Nurse Investigator Beth Ann Teague and Criminal Analyst Tish Murray in cooperation with the Georgia Department of Community Health.
Members of the public should keep in mind that indictments contain only allegations against the individual(s) against whom the indictment is sought. A defendant is presumed innocent until proven guilty, and it will be the government’s burden at trial to prove the defendant guilty beyond a reasonable doubt of the allegations contained in the indictment.