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Business manager of shuttered Kalamazoo OB-GYN pleads guilty to health care fraud

Roger Beyer Women's Health Care.PNG
Business manager of shuttered Kalamazoo OB-GYN pleads guilty to health care fraud. (WWMT/File)

A former business manager of a closed Kalamazoo-area OB-GYN practice, owned by Dr. Roger Beyer, pleaded guilty in connection to fraudulent healthcare billing practices.

Mark Sabor, the former business manager at Kalamazoo-based Urological Solutions of Michigan LLC from 2007 to 2019, pleaded guilty Dec. 4, 2019, to one count of conspiracy to commit health care fraud.

According to court documents, Sabor will be sentenced in April and could face a maximum 10-year federal prison sentence.

Sabor and two others agreed to commit health care fraud

Federal prosecutors said in a nine page indictment filed in the U.S. District Court Western District of Michigan that Sabor, along with two others, agreed to defrauded health care benefit programs, including Medicare, by submitting claims for services not performed by a qualified health practitioner.

Raymond Beckering, assistant U.S. attorney for the Western District of Michigan, wouldn't confirm any details or provide any comment on the case.

Urological Solutions of Michigan, owned by Beyer, employed nine traveling practitioners to provide Pelvic Muscle Rehabilitation, or PMR, therapy in homes or assisted living facilities.

PMR is a non-surgical therapy to eliminate or reduce symptoms of pelvic floor disorders, including urinary or fecal incontinence. A Rectal Pressure Sensor is a tool commonly used for the procedure.

According to the federal complaint, a nurse practitioner at Beyer's practice in the Traverse City-area was seriously injured in a car accident in December 2016 and became unable to perform her duties.

The complaint alleged while Urological Services looked for a replacement nurse, Sabor and Person A directed a nurse assistant, whose certification had expired, to performed PMR therapy and other evaluation services on a weekly basis to patients in the Traverse City-area.

Sabor admitted to falsifying patient records

The complaint alleged the nurse saw clients herself and hand wrote patient notes and emailed them to Sabor from December 2016 to September 2017. Sabor admitted to creating patient-encounter records based on the notes and submitted them for reimbursement.

Under medicare regulations, a nurse assistant may not provide physical therapy, such as PMR therapy, unless in a physician's office under direct supervision of the physician.

The indictment alleged Sabor falsely designated the incapacitated Traverse City-area nurse practitioner as the person who performed the PMR therapy visits.

Sabor also admitted to falsely designating other qualified practitioners , including Persons A and B, as drafters of patient encounter records and providers of the PMR therapy.

The complaint alleged Person B reviewed the claims drafted by Sabor and submitted them to Medicare and other benefit programs knowing therapy services were not provided by a qualified health care professional.

State investigated Beyer for use of rectal medical devices

On May 21, 2019, Michigan Department of Licensing and Regulatory Affairs (LARA) issued an administrative complaint against Beyer for improperly reusing a Rectal Pressure Sensor, which is used to provide accurate detection of muscle contraction activity in the pelvic musculature.

Beyer, who owned Urological Solutions of Michigan and Women's Health Care Specialists, 7110 Stadium Dr., announced his retirement and closed his medical practice on July 15, 2019.

In a letter sent to patients about the closure on June 7, 2019, Beyer said his practice was undergoing federal investigation related to the use of adulterated medical device and fraudulent Medicare filing.

LARA accused Beyer of violating state health codes by reusing the medical device against Food and Drug Administration protocol.

As part of the plea deal, Sabor agreed to cooperate with any federal or local law enforcement agency in their investigation of any related crimes.

Western Michigan University Cooley Law School Professor Mark Dotson weighed in on the ongoing investigation.

Dotson is a former assistant prosecutor, and teaches courses in torts, remedies and criminal procedures

"There are number of factors that influence how things go forward, in terms of sentencing of Sabor or potential indictments of Persons A and B," said Dotson.

Kurt Krause, Sabor's attorney, said in a written statement, "Mr. Sabor has taken and is taking responsibility for his actions, and he has every confidence in the justice system."

Sabor will be sentenced in U.S. District Court in Grand Rapids on April 14, 2020.

Newschannel 3 reached out to Beyer and his attorney, but neither replied to our request for comment.

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