A LOCAL doctor who defrauded Medicare has been convicted on 59 counts of obtaining property by deception and fined more than $56,000.
Dr Prem Sanjiv Bajpe, 42, was sentenced in Bendigo County Court yesterday following a three-month trial.
The court was told the offences occurred between May 2002 and October 2003 during Bajpe’s time as a general practitioner in Golden Square.
“The counts involve 82 patients, and under the 59 counts of which you were convicted there were approximately 150 individual instances of obtaining by deception alleged,’’ Judge Cohen said.
The offences occurred at Bajpe’s clinic, Holistic Family Medical Practice.
The Health Insurance Commission (now Medicare Australia), issued him with a provider number in 2002.
This gave patients access to rebates for medical services provided by him that were covered by items under the Medicare benefits schedule.
“All of the offences here involved instances where you used this system of bulk billing for services,’’ Judge Cohen said.
“The jurors were satisfied beyond reasonable doubt that you had not in fact performed the specified services claimed, and were dishonest in claiming those amounts in that you knew that you were not entitled to claim these when you did.’’
The court heard in some instances there was no record of a consultation between Bajpe and a client on the date which for which he claimed a fee.
At other times he claimed two consultation fees for the same date, but there is only record of one consultation in the patient file.
“A large number of the charges were in relation to your claiming for items 720 and 724 - provision of multi-disciplinary care plans and reviews of multi-disciplinary care plans,’’ Judge Cohen said.
“In none of the instances under the charges was there evidence that you provided anything near what the schedule required.
“In my view, your arguments and evidence about these items were far-fetched, and my impression was that they were subsequently invented to try to justify your claims.’’
Bajpe pleaded not guilty to all counts.
“Your pleas of not guilty and your manner and arguments through the course of a very extended trial, indicated that you accepted no responsibility for these events, and reflected no contrition or remorse for your offending.
“On the contrary, you raised arguments and made assertions to the effect of blaming many other people for various aspects of these events, including your patients, your receptionists, the Medicare advisory line, the HIC investigators and staff . . . and, for more recent events, the prosecution and the court, all indicating that you accepted no responsibility yourself.’’ Judge Cohen said she believed Bajpe’s conduct during the HIC investigation and trial had been ruled by his personality and pride.
She said he had at times 'systematically' stolen public money.” Offending of this type undermines the system.
“It not only diminishes public funds and ultimately costs taxpayers more, but it also undermines the confidence of both government and the public in that system.’’
In sentencing, Judge Cohen took into account the shortage of general practitioners in the area.
She acknowledged the references given by some of Bajpe’s patients.
“Most spoke of the time you spend with them.
“Many are genuinely anxious that they be able to continue to be treated by you.’’
The court heard that the jury was satisfied beyond a reasonable doubt that the offences were not unintentional administrative errors.
“I have decided that in all the circumstances your sentence should not be one of immediate imprisonment.
“In my view the interests of the community are not best served by that course and the imposition of very substantial fines should be seen as serious punishment and deterrence for a crime that involved obtaining money to which you were not entitled.’’ Bajpe was issued a separate fine for each of the 59 offences, totalling $56,250.
He was convicted on each count.
Judge Cohen’s decision will not directly affect Bajpe’s registration.
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