August 18, 2017
Missouri Clinic Owner Sentenced for Issuing False Medical Examinations of Commercial Truckers and Veterans
On August 18, 2017, David L. Biersmith, owner and president of Industrial Medical Center (IMC), Independence, Missouri, was sentenced in U.S. District Court, Kansas City, Missouri, for his role in a fraud scheme that affected drivers in the motor carrier industry and military veterans. He was sentenced to 60 months’ probation, serving the first 4 months under the condition of home detention, and ordered to pay $39,155.14 in restitution. In April 2017, Biersmith was charged with and pleaded guilty to making false statements to agents of the Government and healthcare fraud related to fraudulent medical examinations of commercial truck drivers and veterans.
IMC provided medical services to drivers of commercial motor vehicles, including drug tests and physical examinations required by FMCSA regulations. Although Biersmith did not have a medical license or other medical credentials, he signed the name of a legitimate chiropractor, without permission, on the medical examination reports and medical examiner’s certificates of at least 65 commercial truck drivers.
In addition, between August 2013 and December 2013, IMC, under Biersmith’s direction, falsely represented that a licensed physician had properly completed the medical examinations of 53 military veterans. Biersmith was aware that an unqualified medical consultant and chiropractor were responsible for the invalid examinations of the veterans.
DOT-OIG conducted this investigation with the Department of Veterans Affairs OIG, DOL’s OIG and Employee Benefits Security Administration, and the Department of Health and Human Services OIG, with assistance from FMCSA.