November 1, 2017
FMCSA Suspends a Missouri Business Man, His Medical Clinic, and a Chiropractor From Doing Business with the Federal Government
On November 1, 2017, the Federal Motor Carrier Safety Administration (FMCSA) suspended David L. Biersmith and his business, Industrial Medical Center, Inc., a.k.a. Industrial Medical Center, LLC (IMC), Independence, Missouri, and James Lindsey, chiropractor, from doing business with the Federal Government. FMCSA is also proposing to debar Biersmith, IMC, and Lindsey from doing business with the Federal Government for a period of 5 years.
On April 20, 2017, Biersmith pleaded guilty to making false statements and to healthcare fraud in U.S. District Court, Kansas City, Missouri, related to fraudulent medical examinations of commercial truck drivers and veterans. Biersmith was the owner and president of IMC, which 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 medical examination reports and medical examiner’s certificates for at least 65 commercial truck drivers.
On November 29, 2016, Lindsey, a certified medical examiner, pleaded guilty to theft of personal property, and on September 13, 2017, he was sentenced in U.S. District Court, Kansas City, Missouri. Under Biersmith’s direction, Lindsey performed disability examinations for the Department of Veterans Affairs (VA) that he was not authorized to perform. Specifically, between August 2013 and December 2013, Lindsey participated in 53 examinations of veterans seeking disability ratings, and submitted to the VA approximately 209 Disability Benefits Questionnaires that falsely stated another doctor had performed these services. Biersmith was aware Lindsey was not qualified to conduct the exams. This fraudulent act cost the VA over $39,000.
DOT-OIG conducted this investigation with VA-OIG, Department of Labor (DOL)-OIG, DOL Employee Benefits Security Administration, and Department of Health and Human Services-OIG.
Note: Exclusion actions (suspensions and debarments) are frequently for a specific period of time, and the System for Awards Management (Sam.gov) should be consulted to find out whether a company is currently excluded.