Drake

Samuel L. Drake (Drake) appeals a judgment convicting him of one count of grand theft (Pen. Code, § 487, subd. I) , five counts of presenting false Medi-Cal claims (Welf. & Inst. Code, § 14107), and one count of forging prescriptions (Bus. & Prof. Code, § 4390). Drake contends his convictions for grand theft and Medi-Cal fraud must be reversed because the statement on the claim forms he submitted that services were provided under his “immediate personal supervision” does not mean that he must be personally present when services are rendered by an employee. He also contends the doctrine of People v. Bailey (1961) 55 Cal.2d 514 [ 11 Cal.Rptr. 543 , 360 P.2d 39 ] precludes convictions (1) on four of the five Medi-Cal fraud counts, and (2) on both grand theft and Medi-Cal fraud. We affirm the judgment.

Factual and Procedural Background

Drake is a physician who became a Medi-Cal provider in 1980. Medi-Cal is a state- and federally funded program which pays for health care services provided to individuals who are indigent, blind or disabled. When a MediCal provider seeks payment for services rendered to these individuals, he or she submits a claim form which indicates, among…