Kalamazoo Urogynecologist And Nurse Practioner Face Charges Related To Health Care Fraud And Adulteration Of Medical Devices
Potential Victims Can Contact the U.S. Attorney’s Office Directly
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew B. Birge announced today separate charges brought against Roger D. Beyer, M.D., and his wife, Susan E. Wright, N.P., J.D. Dr. Beyer was the owner of Women’s Health Care Specialists, P.C. ("WHCS"), an obstetrics-gynecology practice in Kalamazoo, and Urological Solutions of Michigan, PLC ("USM"), a medical practice consisting of traveling nurse practitioners in West Michigan.
The Felony Information filed against Dr. Beyer charges him with conspiracy to commit health care fraud. The United States alleges that Dr. Beyer conspired to fraudulently bill Medicare for therapy services, known as pelvic muscle rehabilitation ("PMR") therapy, provided by USM, using more-lucrative and inappropriate diagnostic codes. The PMR therapy was provided purportedly to treat mostly elderly female patients with fecal or urinary incontinence, primarily in the greater Traverse City, Kalamazoo, and Grand Rapids areas.
The United States also alleges in the Felony Information that Dr. Beyer directed his staff at USM and WHCS to reuse a single-user (one patient only) rectal pressure sensor on multiple patients as part of the PMR therapy. Additionally, the United States alleges that WHCS staff also reused a single-use (disposable, one use only) anorectal manometry catheter on multiple patients as part of an initial diagnostic study with patients with potential fecal incontinence. Both instances of reuse were inconsistent with the device clearance by the Food & Drug Administration ("FDA") and the devices’ instructions for use. Further, this reuse resulted in the adulteration and possible contamination of these devices.
In a separate Felony Information, the United States charges Ms. Wright with misprision of health care fraud and the adulteration of a medical device. The United States alleges that Ms. Wright knew that USM fraudulently billed Medicare for evaluation and management ("E&M") services to patients on the same date of service as the PMR therapy, but she never informed authorities. The Felony Information against Ms. Wright similarly charges her with adulteration of a medical device, specifically the rectal pressure sensor in the manner described above for Dr. Beyer.
Both Dr. Beyer and Ms. Wright have signed plea agreements in their respective cases, and plea hearings are scheduled for May 15, 2020.
USM patients who were also Medicare beneficiaries may have been charged copays for the billing of their PMR therapy using the more lucrative diagnostic codes. Those same patients may also have been improperly charged copays for E&M services billed alongside their PMR therapy. Additionally, patients of USM and WHCS who received PMR therapy or diagnostic anorectal manometry may have been the recipients of services using adulterated medical devices. This adulteration posed a risk of infectious disease transmission. Such patients can review the press release issued by the Michigan Department of Health & Human Services on June 11, 2019, encouraging patients of Dr. Beyer and his practices to consult with their treating physicians about undergoing any testing:
Individuals who may have been affected by the fraudulent billing or device adulteration can contact the U.S. Attorney’s Office for the Western District of Michigan to obtain information about victim rights and the progression of these cases. The U.S. Attorney’s Office website includes a page with forms and information related to this case specifically for victims:
Alternatively, potential victims may call Kathy Schuette, Victim Witness Coordinator, at (616) 808-2034.
Charges in an information are only allegations and are not evidence of guilt. A defendant is presumed innocent unless and until proven guilty, and the government has the burden of proving guilt beyond a reasonable doubt.