Former state Rep. Ed Henry of Hartselle intends to change his plea from not guilty to guilty in a federal case involving alleged health care fraud, according to a court document.

Henry’s lawyer, Maxwell Pulliam, filed the notice of the intent to change plea in U.S. District Court in Montgomery today.

The notice says the decision is based on a plea agreement offered by the U.S. attorney’s office. The document provides no information about the plea agreement. Pulliam said today he could not comment at this time but would do so when he could.

Doug Howard, special assistant U.S. attorney for the Middle District of Alabama, said he could not comment on the contents of the plea agreement.

Henry was indicted last year. He has previously denied wrongdoing and appeared in court in August to plead not guilty. He was scheduled for trial next month.

The charges involved a company owned by Henry that provided chronic care management to patients. The charges included conspiracy to defraud Medicare and violation of an anti-kickback law. Chronic care management can include services such as monitoring and updating a comprehensive care plan, arranging appointments and calling in prescriptions, according to Henry’s indictment. Medicare covers chronic care management under certain circumstances. ,

Court records show that another defendant in the case, Nicole D. Scruggs, a physician in Huntsville, pleaded guilty to one count of conspiracy to defraud the United States and to pay and receive kickbacks in relation to a federal health care program.

Scruggs’ plea agreement was filed in court today.

The plea agreement says that in December 2016, Scruggs and Henry entered an agreement for Henry’s company, MyPractice24, to provide chronic care management to Scruggs’ patients. Scruggs paid Henry’s company $23 per month per patient provided that Medicare reimbursed for the care.

To induce Scruggs into that arrangement, the plea agreement says Henry provided a full-time employee to Scruggs paid by Henry’s company. That employee worked as a receptionist and nurse for Scruggs, in addition to the work related to chronic care management, the plea agreement says. Henry permitted the employee to do this work to induce Scruggs to refer patients to Henry’s company, Scruggs’ plea agreement says.

The plea agreement also says Scruggs and Henry knew that Scruggs did not collect co-pays from patients referred to Henry’s company. The indictment said the practice of not collecting co-pays created the potential that patients received unnecessary services that were paid for by Medicare.

Scruggs is scheduled to be sentenced on March 21. Scruggs’ plea agreement says Scruggs assisted prosecutors and says prosecutors will recommend a reduced sentence. The maximum sentence would have been five years in prison and a fine of up to $250,000.

A third defendant in the case, Punuru Reddy, a physician in Decatur, has pleaded not guilty and his lawyers have previously issued a statement denying any wrongdoing by the doctor.

Updated at 4:54 p.m. to provide information about Nicole Scruggs' plea agreement..