U.S. Attorney's Office
Western District of Kentucky
(502) 582-5911
November 5, 2014

Louisville Chiropractor and Office Assistant Charged with Health Care Fraud

LOUISVILLE, KY—A Louisville chiropractor and his office assistant were charged by federal grand jury today with health care fraud, conspiracy to commit health care fraud, mail fraud, identity theft and obstruction of a criminal investigation for their roles in billing private insurance companies and government health care agencies with services that were never performed, announced David J. Hale, United States Attorney for the Western District of Kentucky.

According to the 25 count indictment, Devin Thauberger, age 44 , and Trish Muir age 27, conspired to submit fraudulent claims to Medicare, Passport, Anthem, Humana, Geico, Shelter, Nationwide, 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 defendants are charged with submitting claims for services, which the indictment charges were never performed. According to the indictment false claims were submitted and billed on at least eleven occasions and totaled nearly $200,000.

Further, according to the Indictment, the identities of patients, along with their personal information was used to fraudulently charge insurance companies and government health care agencies for services that were not performed.

Also, beginning in August 2013, and continuing until at least July 2014, the defendants are charged with 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. Beginning in 2010, the defendant, Trisha Muir, 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.

If convicted at trial the defendants face no more than 10 years for counts one and two, no more than 20 years for each count of mail fraud, no more than two years for each count of aggravated identity theft, no more than five years for each count of obstruction of a criminal investigation and a fine of $6,250,000.00.

This case is being prosecuted by Assistant United States Attorney Lettricea Jefferson-Webb 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.

The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty.

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