‘I have my doubts’: Neil Gorsuch says he’s not sure doctors convicted in massive bribery scheme should pay restitution

A photo shows Neil Gorsuch.

Justice Neil Gorsuch poses for an official portrait in the East Conference Room of the Supreme Court building on October 7, 2022 in Washington, D.C. (Photo by Alex Wong/Getty Images.)

The U.S. Supreme Court denied the appeal of a more than $82 million restitution order imposed on a group of doctors convicted of a massive fraud scheme in Texas, but Justice Neil Gorsuch dissented from his fellow justices’ decision, saying that he would have chosen to review the lower court’s upholding of the restitution sentence.

Forest Park Medical Center was a physician-owned hospital in Dallas that was not part of any insurance company’s network and did not accept payments via Medicare or Medicaid. The practice made money by steering lucrative patients — those that distributed high reimbursements for out-of-network procedures — to its facility with the help of kickbacks paid to referring physicians. Forest Park’s owners were prosecuted and criminally convicted of a $200 million bribery scheme for its practice of illegally incentivizing doctors to perform surgery at the facility with referral kickbacks falsely characterized as “marketing money” or consulting fees.

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