Bass, Berry & Sims attorney Brian Roark commented on the decision in United States v. Medlock in which the Sixth Circuit ruled that misrepresenting a service that was provided by using a Medicare beneficiary’s name on the claim does not constitute identity theft. The case centers around Woody and Kathy Medlock, owners of a family-owned ambulance service provider, who were indicted on charges of Medicare and Medicaid fraud. The indictment was a result of a joint federal and state investigation into fraudulent billing practices by the company to Medicare and Medicaid for transportation of dialysis patients who were not qualified to receive ambulance transportation. In the initial trial, held in U.S. District Court, Middle District of Tennessee, Woody Medlock was found guilty and sentenced in January 2014 to a 75-month prison sentence. The Sixth Circuit held that the Medlock’s did not “use” the identifying information of the Medicare beneficiaries within the meaning of the aggravated identity theft statute merely by lying about how the beneficiaries had been transported. Brian represented Woody Medlock in the case.
The case was covered by various media outlets, including:
- “Court Throws Out Identity Theft Convictions in Ambulance Transport Fraud Case,” Bloomberg BNA (May 14, 2015) subscription required
- “Sixth Circuit Upholds Health Care Fraud Convictions Against Ambulance Company Owners for Medically Unnecessary Transports,” American Health Lawyers Association (May 15, 2015) subscription required