Fraudulent medical exams leads to FMCSA debarment

The Federal Motor Carrier Safety Administration has debarred a business man and a certified medical examiner from doing business with the federal government for five years.

According to the U.S. Department of Transportation’s Office of Inspector General, David L. Biersmith and chiropractor James Lindsey were involved in fraudulent medical examinations of commercial truck drivers and veterans. Lindsey, Biersmith and his business, Industrial Medical Center of Independence, Mo., were officially debarred on Jan. 17.

On April 20, 2017, Biersmith pleaded guilty at U.S. District Court in Kansas City, Mo., to making false statements and to healthcare fraud. 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,” the OIG news release said.

Biersmith was sentenced on Aug. 18, 2017, to five years of probation and ordered to pay restitution of nearly $40,000.

On Nov. 29, 2016, Lindsey pleaded guilty to theft of personal property.

“Under Biersmith’s direction, Lindsey performed disability examinations for the Department of Veteran Affairs that he was not authorized to perform,” the OIG said. “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.”

The Department of Transportation conducted this investigation with the Department of Veteran Affairs, Department of Labor, Employee Benefits Security Administration, and the Department of Health and Human Services.