A physician convicted in May of overcharging the Medicare and Medicaid programs was arrested here yesterday in con [TEXT OMITTED FROM SOURCE] where a layman allegedly practiced medicine, police reported.

Police said Dr. Harvey Barry Jacobs, 35, of 11607 Foxglove Rd., Reston, was charged with advising and inciting a criminal offense.

Det. Paul Ponzelli said the charge was made in connection with the operation of a health center at 36 N St. SE. Ponzelli said Jacobs obtained the occupancy permit for the center.

After receiving a complaint about the center, police said, an undercover officer was sent there, claiming to have pains in the right elbow.

After examining the officer, police said, a man who described himself as a physician's assistant wrote a presigned prescription for medication. The undercover officer also was given some pills, police said.

According to police, the "assistant" said he had been told that he could treat aches and pains, but not bleeding or fractures.

After further investigation of the clinic, police said, they obtained a warrant for Jacobs' arrest. Police said the doctor turned himself in yesterday at police headquarters.

Jacobs was convicted in U.S. District Court in Alexandria on May 5 of mail fraud in connection with a scheme to defraud the Medicaid and Medicare programs. Jacob has said the conviction will be overturned on appeal.

Recently he mailed thousands of brochures to prospective patients offering a wide range of cut-rate services to those who "want good medical care by doctors . . . more concerned about you (than) your wallet."

In July, 1976, Jacobs declared bankruptcy, listing debts of $562,963,24, according to Alexandria federal court records.