Chiropractor Indicted for Defrauding Health Care Insurers

Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, announced today a federal indictment was filed charging chiropractor John N. Heary with 38 counts of health care fraud, nine counts of mail fraud, and eight counts of paying illegal kickbacks in connection with the operation of his corporations HealthSource of Medina and Medina Health and Wellness Center Inc. Heary, age 37, last resided in Lodi, Ohio.

The indictment alleges that Heary billed Medicare, Medical Mutual of Ohio, and Anthem Blue Cross and Blue Shield over $1,000,000 for various pieces of durable medical equipment, such as custom orthotic boots, back braces, and transcutaneous electrical nerve stimulation (TENS) devices that the patients had no medical need for, were unnecessary, or were billed for improperly. In addition, the indictment alleges that Heary billed the Ohio Bureau of Workers’ Compensation, Medical Mutual of Ohio, and Anthem Blue Cross and Blue Shield for patient physical therapy that was either never provided, was provided in a group setting and therefore should have been billed at a lower reimbursement level, or was provided in lower amounts than what was billed. The indictment further alleges that Heary obtained patients by advertising for a free consultation, which in some cases led to prescriptions for custom medical devices. On other occasions, the indictment alleges that Heary would offer to waive patient co-pays or provide them with free dinner in exchange for those patients coming into his office, which then resulted in billing to Medicare in violation of the Anti-Kickback Statute.

If convicted, the defendant’s sentence will be determined by the court after review of the Federal Sentencing Guidelines and factors unique to each case, including the defendant’s prior criminal record (if any), the defendant’s role in the offenses, and the characteristics of the violations.

The indictment is the result of an investigation by the Akron Office of the Federal Bureau of Investigation and the U.S. Department of Health and Human Services Office of Inspector General, with assistance from the Ohio Department of Insurance, the Ohio Chiropractic Board, and the Ohio Bureau of Workers’ Compensation. The case is being prosecuted by Assistant U.S. Attorney Michael L. Collyer.

An indictments is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.