Attorney General Masto Announces Sentencing of Las Vegas Personal Care Assistant

June 10, 2013

Las Vegas, NV – Nevada Attorney General Catherine Cortez Masto announced that Ernesto Guerra-Perez, 45, of Las Vegas, was sentenced today in a Medicaid fraud case involving failure to maintain adequate records to support Medicaid claims.

    “Protection of these types of services is important to ensure people of the community who need this assistance are receiving the care they require,” said Masto.  “Prosecution and conviction of these crimes helps deter fraud and the restitution helps to return much needed funds into the Medicaid system.”

      Guerra-Perez was sentenced for one gross misdemeanor offense of intentional failure to maintain adequate records, by District Court Judge David Barker.  Barker sentenced Guerra-Perez to 150 days, suspended, performance of 80 hours of community service and payment of $5,711 in restitution, penalties, and costs.

        The Nevada Attorney General’s Medicaid Fraud Control Unit (MFCU) investigation revealed that Guerra-Perez was not providing personal care services to a Medicaid recipient from December 2010 and December 2011.  Guerra-Perez was employed by a home care company to provide care to a Medicaid recipient.  During the course of the investigation, it was discovered that Guerra-Perez had outside employment that conflicted with the care he allegedly was providing to the Medicaid recipient.  Nonetheless, Guerra-Perez claimed he performed the services and received payment as if he had actually performed the services.

          Medicaid has a personal care assistant program to keep people living independently in their own homes by providing basic services, including bathing, dressing, cleaning and meal preparation.  Persons convicted of Medicaid fraud may also be administratively excluded from future Medicaid and Medicare participation.

            The case was investigated and prosecuted by the MFCU, which investigates and prosecutes financial fraud by those providing healthcare services or goods to Medicaid patients.  The MFCU also investigates and prosecutes instances of elder abuse or neglect.

              Anyone wishing to report suspicions regarding any of these concerns may contact the MFCU at 775-684-1191 or 702-486-3187.

                The case was prosecuted by Andrew Schulke, Senior Deputy Attorney General.

                  Read the criminal information by clicking here.

                    ERNESTO GUERRA-PEREZ
                     2013-06-10 Perez-Guerra Face  2013-06-10 Perez-Guerra Profile  

                      (Photos courtesy of Las Vegas Metropolitan Police Department)