Power Wheelchair Company, Its Owner, and Physician Sentenced for Federal Health Care Fraud Offenses
| U.S. Attorney’s Office October 29, 2009 |
JEFFREY MCELVEEN, a resident of Franklinton, Louisiana, and the owner of POSITIVE HOME OXYGEN, L.L.C., DR. ROBERT CLEVELAND, a resident of Greenburg, Louisiana, as well as the company POSITIVE HOME OXYGEN, L.L.C. were sentenced yesterday by U.S. District Ivan L.R. Lemelle for violations of health care fraud, announced U.S. Attorney Jim Letten.
Specifically, MCELVEEN was sentenced to serve eighteen (18) months in prison. In addition to the term of imprisonment, Judge Lemelle imposed three (3) years of supervised release following the term of imprisonment during which time the defendant will be under federal supervision and risks an additional term of imprisonment should he violate any terms of his supervised release. DR. CLEVELAND was sentenced three (3) months of home detention as a condition of an 18-month term of probation. Both defendants were ordered to pay restitution in the amount of $200,000. POSITIVE HOME OXYGEN, L.L.C. was ordered to pay restitution in the amount of $809,169.
According to court documents, MCELVEEN, CLEVELAND, and POSITIVE HOME OXYGEN, L.L.C., each pled guilty before U.S. District Judge Ivan L.R. Lemelle to one count of health care fraud on April 30, 2009. MCELVEEN is the owner of POSITIVE HOME OXYGEN, L.L.C., a Franklinton, Louisiana, durable medical equipment provider. DR. ROBERT CLEVELAND, who was a physician who had offices in Franklinton, Louisiana, certified that certain Medicare patients qualified for power wheelchairs in exchange for MCELVEEN and PHO referring patients to DR. CLEVELAND’S practice.
Special Agent in Charge Mike Fields of the HHS Office of Inspector General’s (OIG) Dallas Regional Office said: “Any time greed replaces medical necessity as the primary factor in providing medical services or equipment and supplies, our most vulnerable citizens, the nation’s elderly, are imperiled. Our HHS OIG agents will continue to work closely with our law enforcement partners to investigate providers who will stop at nothing to loot the Medicare Trust Fund.”
The case was investigated by the United States Department of Health and Human Services, Office of Inspector General and the Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorney Patrice Harris Sullivan.