Louisville Chiropractor Guilty Of Health Care Fraud

Billed private insurance companies and government health care agencies for services that were not performed

LOUISVILLE, Ky. -- A Louisville chiropractor pleaded guilty to numerous charges today, including health care fraud, obstruction of a criminal investigation, and tampering with a witness for his role in billing private insurance companies and government health care agencies for services that were never performed, announced United States Attorney John E. Kuhn, Jr.

According to the plea agreement, Devin Thauberger, age 46 , conspired to submit fraudulent claims to Medicare, Passport, Anthem, Humana, Geico, Shelter, Nationwide, Allstate and other insurance carriers, that falsely and fraudulently sought reimbursement for services which were never provided to patients, including times in which Thauberger was out of the country and unable to provide services.

Between April 2009 and March 2014 the defendant admits to knowingly executing a scheme to defraud health care benefit programs by submitting claims for services, which were never performed. According to the charges, false claims were submitted and billed on at least thirteen occasions and totaled nearly $214,672.11. Then between May 2015 and July 2015, Thauberger, while being on bond, aided and abetted by others, submitted claims to Allstate, a health care benefit program, for services which were never performed.

Also, beginning in August 2013, and continuing until at least July 2014, Thauberger admitted to willfully obstructing the criminal investigation of Federal health care violations by altering or causing patient records to be altered and attempting to influence the testimony of witnesses.

During all times relevant to this indictment, Thauberger was a doctor of chiropractic, licensed to practice in the state of Kentucky, and had been a chiropractor for approximately nine (9) years. Thauberger Chiropractic, P.S.C. (TCP) was a Kentucky corporation located at 8511 Preston Highway, in Louisville, Kentucky. Defendant Thauberger was the president and sole owner of TCP from 2005 through all times relevant to this Indictment.

Co-defendant Trisha Muir, pleaded guilty to a single charge on September 1, 2015, before District Judge Greg N. Stivers. According to the plea agreement, beginning in 2010, she became employed by TCP and reported directly to defendant Thauberger. By April 2011, Muir was responsible for billing for services purportedly provided by TCP, which included submitting reimbursement claims to insurance companies and patients for chiropractic services purportedly provided by TCP. After Muir became aware of the investigation, she admitted to participating in concealing the fraud, and instructed others to do the same, by making changes to patient files and other documentation to support the fraudulent billings.

At sentencing, the United States has agreed to dismiss counts 3, 4, 5, and 6 of the Second Superseding Indictment, agree that a sentenced of 41 months in prison is the appropriate disposition of this case, not object that the last 5 months of the sentence be served on home incarceration and stipulate that the amount of loss involved in this case is $214,672.11 which the defendant must pay by the date of sentencing. Sentencing is scheduled before Judge Stivers on June 2, 2016, in Louisville.

This case is being prosecuted by Assistant United States Attorneys Lettricea Jefferson-Webb and Joe Ansari and is being investigated by the Federal Bureau of Investigation (FBI), the U.S. Department of Health and Human Services Office of Inspector General and the Kentucky Office of Attorney General's Kentucky Medical Fraud Control Unit.