A federal judge sentenced Mark J. Sabor to two years of incarceration for his part in a healthcare fraud scheme in Michigan, U.S. Attorney Andrew B. Birge announced Monday.
Federal officials said U.S. District Judge Janet Neff found that Sabor was complicit in several fraud schemes committed by the practice, resulting in about $914,000 in false claims submitted by Urological Solutions of Michigan and paid by Medicare. Scheme included billing pelvic muscle rehabilitation therapy using improper—and more lucrative—diagnostic codes, billing for evaluation and management (“E&M”) services that did not occur, upcoding ultrasound services, and billing for the services of an unlicensed nurse assistant.
Neff enhanced Sabor's sentencing guidelines based on the fact that an administrative law judge in 2011 ruled that Urological Solutions of Michigan, or USM, should not bill Medicare for the pelvic muscle rehabilitation therapy using the diagnostic codes.
“Instead of following the rules, Mr. Sabor and USM found new ways to exploit the Medicare Program of hundreds of thousands of dollars. As the government emphasized in its sentencing memorandum, ‘If you bill the government, learn the rules; if you are audited and found to be doing something wrong, rectify your practices; if a judge tells you to stop billing improperly, stop it. And if you don’t, expect to pay back the ill-gotten gains and anticipate a prison sentence,'" Birge said.
Sabor was the manager of Urological Solutions of Michigan from 2007 to 2019, a mobile medical practice providing urological services to patients in their homes and assisted living facilities in the greater Traverse City, Grand Rapids, and Kalamazoo areas. The medical serves was owned by Roger D. Beyer, M.D., who was also facing federal charges.
- Related: Kalamazoo OB-GYN under state investigation says he did nothing wrong
Sabor pleaded guilty Dec. 4, 2019, to one count of conspiracy to commit health care fraud.
On May 15, 2020, Beyer and Susan Wright, his wife, both pleaded guilty to federal charges of health care fraud and reusing medical devices on multiple patients.
On the same day, federal officials said Wright pleaded guilty to misprision of health care fraud and the adulteration of a medical device. The U.S. Attorney’s Office said Wright knew the practice was fraudulently billing Medicare for services but never informed authorities.
- Dr Beyer charged: Prosecutors charge former Kalamazoo OB-GYN with health care fraud, misusing rectal devices
In addition to their convictions, federal officials said all defendants entered into civil settlements with the United States. In total, they paid $1,260,000 for submitting or causing the submission of false claims for reimbursement to Medicare as part of numerous alleged healthcare fraud schemes. For his role in the alleged misconduct, Sabor agreed to pay a civil settlement of $150,000.