Pubdate: Wed, 03 Apr 2002
Source: Port St. Lucie News (FL)
Copyright: 2002 The E.W. Scripps Company
Contact:  http://www.tcpalm.com/tcp/stuart_news/
Details: http://www.mapinc.org/media/973
Author:  Mark Pollio, staff writer

INVESTIGATOR TESTIFIES AT DOCTOR'S BOND HEARING

FORT PIERCE -- An undercover state investigator who faked an injury and 
received large doses of prescription painkillers from Dr. Asuncion Luyao 
testified against her at her bond-reduction hearing Tuesday.

Thomas Waterson, who works for the Attorney General's Medicaid Fraud 
Division, said he visited Luyao's office in Port St. Lucie six times last 
year. Luyao prescribed Waterson potent painkillers, including OxyContin, at 
each visit.

"She never examined my hip," Waterson testified. "There was no X-ray, MRI 
or other diagnostic tests. I always paid cash directly to the doctor."

Luyao, 60, is being held at the St. Lucie County Jail on a $1.89 million 
bond. West Palm Beach defense attorney Richard Lubin said his phones have 
been "ringing off the hook" from patients offering support for Luyao.

Lubin said he filed several affidavits with the court to have Luyao's bond 
reduced. Lubin said the affidavits are from patients who support Luyao, and 
from another doctor who reviewed some of the Luyao's cases and said she 
provided appropriate medical advice. Another affidavit stated that Luyao 
knew about the pending criminal charges and made no attempt to flee.

"We just don't want her sitting there in jail," Lubin said. "She is in the 
medical wing of the jail. Her blood pressure is through the roof. At 61, 
she's somewhat frail."

Luyao, dressed in a faded orange Department of Corrections prisoner 
uniform, will spend at least two more days in jail. Attorneys had planned 
to call several witnesses and could not complete the bond hearing in the 
allotted time. The hearing will continue at 9:30 a.m. Thursday in Circuit 
Court Judge Dwight Geiger's courtroom.

Luyao faces numerous charges ranging from prescription drug trafficking to 
Medicaid fraud. State investigators claim Luyao took cash payments and 
still billed Medicaid for services. Investigators discovered $63,000 in 
cash stashed in a filing cabinet in her office.

Luyao's financial dealings could be the least of her problems. Treasure 
Coast Medical Examiner Dr. Roger Mittleman filed 12 complaints with the 
state Health Department after completing autopsies on her patients.

The State Attorney's Office may charge Luyao with multiple counts of murder.

"We certainly have not ruled anything out," said Tom Bakkedahl, assistant 
state attorney. "All of our options are available and first-degree murder 
is one of them."

State health officials said Luyao willingly prescribed excessive and 
inappropriate amounts of dangerous and addictive narcotics. Waterson, who 
used a fake name during his investigation, questioned Luyao after a search 
warrant was issued for her office.

"I told her I had been there six times and she never examined me," Waterson 
said. "She said that was not possible and she had to see my file."

More than 50 people, many Luyao supporters, packed the courtroom for the 9 
a.m. hearing. Several of Luyao's family members were in court as well.

No family members would comment on the case.
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