Saturday, May 2, 2015

Fort Thomas X-Ray Tech Pleads Guilty to Defrauding Claims Worth 112k

Robert Moyer. Facebook. 
An X-ray technician from Fort Thomas has admitted in federal court to defrauding state and federal health care programs out of thousands of dollars.

On Friday, Robert Moyer pleaded guilty to health care fraud, before U.S. District Judge Amul Thapar.

According to court records, starting in June 2010 and continuing until December 2010, Moyer knowingly allowed an unlicensed individual to administer x-rays to Medicare and Medicaid patients from Kentucky and Ohio. He then falsified documentation to conceal who performed the x-ray service. Under federal law, health care benefit programs only reimburse medical professionals for services conducted by a licensed professional.


In total, Moyer filed more than 3,800 fraudulent claims worth $112,173.93.

Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky; Jack Conway, Kentucky Attorney General; Sylvia Mathews Burwell, , Department of Health and Human Services, Office of Inspector General, Office of Investigations; and Mike DeWine, Ohio Attorney General, jointly made the announcement.

The investigation was conducted by the Office of the Kentucky Attorney General, Medicaid Fraud and Abuse Control Unit; Department of Health Human Services, Office of Inspector General, Office of Investigations and the Ohio Attorney General’s Office.

Moyer will appear for sentencing on July 16, 2015 at 10:00 AM. He faces a max of 10 years. However, the Court must consider the U.S. Sentencing Guidelines and the applicable statutes before imposing a sentence.

Moyer took to Facebook to update his situation:

"I went to federal court this morning and plead guilty to defrauding the government. I employed my brother in my mobile x-ray business to take x-rays. He was not certified to take x-rays. Several states do not require certification but I was aware that it a requirement here in Kentucky. I broke the law in doing so and it falls under the category of fraud. Nobody was ever harmed as all of the x-rays were read accurately by board certified radiologists. We are not guilty of billing for any services that were not provided as most fraud cases are defined. I am sorry that I made these decisions and that I broke the law. I apologize to everyone who looked at me as an example. I am sorry to have let anybody down. I have cooperated completely and I will serve and repay what is necessary to satisfy our legal system. I had to surrender my passport and I forfeit my right to vote as well as possess firearms for the rest of my life unless I should ever receive a presidential pardon.

This has affected our lives greatly. My actions have caused my family undue embarrassment and financial struggles. My business is closed and I will no longer be able to work in my trained occupation as a Radiology Technologist. I still think that God has plans for me and (redacted) to serve as a missionaries. Without this happening, we may never have given up the physical comforts we have acquired in order to follow through with our desire to serve Him elsewhere. He has been so evident in so many ways throughout this experience. I just can not write off everything to co-incidence. I am journaling because this experience has been so incredible. Peaks and valleys. But God has been here continuously. He has still used us on several occasions during this process. Thank you God for still having a plan for me and still using me even amid these challenging days.

I was released without having to post a bond until sentencing on Thursday July 16th at 10:00am. I was encouraged when I discovered that the Probate Officer that was assigned to me goes to our church. However, now he may have to be removed from my assignment.

As anyone who knows me is aware, I have an incredible family and extended family in all of our friends. Thank you all for your prayers and encouragement. While this has been a challenging period in our lives, we keep seeing God's hand in so many ways throughout. I am constantly reminded just how many people love us.

Finally, as many already know, my attorney has encouraged me to ask friends, family and others who know me to write a letter to the Judge in my case. I will post the necessary information next week. This can be helpful as well as filling the courtroom with supporters to impact the Judge when he decides my sentencing. I face up to 10 years in federal prison but my plea agreement is for 18-24 months and $112,500 in restitution. The prosecutor is going to allow for us to argue for a downward variance and the judge can decide to go as low as serving probation. I have been assigned a tough Judge but I know God is still in charge and will use this for His glory. I trust Him fully. I'll go where he wants me.

Thank you for your prayers."

13 comments:

  1. Yeah, God's plan..maybe as an example. I hurt for his wife, children and extended family. I doubt any of them had a clue what he was doing while they were handing out PB & J's to the less fortunate. Such a shame.

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  2. Most of that cash was going to the casino were he played all the time

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  3. 1 year and 1 month in federal prison, is what he got from the Judge. I'm pretty certain that his entire family not only had a clue of what was going on, but his wife was a part of the wrong doing, as well. She xrayed my loved one in a nursing home in Kentucky some time ago. Someone told me after this story broke that she too didn't have a license. I've followed this story since May because it angers me that this man would break the law like that and put ppl in harm's way. Someone that works at the court told me that's what he got. Oh well, at least he is outta biz and can't screw ppl over anymore js.

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    1. put someone in harms way?? give me a break. Not defending his actions, but nobody was in harms way.

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    2. Well it depends on how you define harm. If i had a broken leg or better yet a cracked vertebrae and some untrained moron was x-raying it without being trained on how to move a person who has a fracture, that could certainly cause harm. Especially with the extra dose of radiation that would inevitably be needed once the first image was renderred unusable because it wasn't done professionally or correctly the first time around. And then there is the harm to the taxpayer's wallet for paying full price on x-rays that some kindergartens might as well have done. Would you pay full price for my kids to give you your next dental check up? They are very friendly and would do their best even though they are only 9 and 5 years old. I will even buy them some nice white lab coats to make them look like profesionals and give them a couple hours of training with my dremel. Just let me know and i will bring them to your house cuz we don't have an office yet.

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  4. I was there with my granny in her room when the woman xrayed her ankle. She didn't offer nobody any kind of lead shield either, which they usually do in a hospital. I don't know what the xray actually ended up looking like bcuz I never saw it, but she never walked right again after that. The report said it wasnt broke but we all think it was and it just healed itself. She died in 2010 so we'll never know but yea I will say harms way bcuz, if the person that told me is right and that woman didn't have a degree to be xraying ppl then who's to say if her ankle really was or wasnt broken? Don't u have to go to school for that kind of job? Can anybody out there verify that these ppl are wrong and that she was a trained xray worker??? I'd love to be wrong but don't think I am

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    1. Learn how to spell and use proper grammer and then maybe you can judge people.

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    2. It's "grammar" lol!!!!!!!

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  5. Article is incorrect calling him an x-ray technician when in fact when he was an x-ray technologist. You do not shield elderly patients patients that are shielded are of childbearing age moron. All x-rays are read by a diagnostic radiologist and if the x-ray is of poor quality...diagnostic radiologist will have it repeated. So I doubt very greatly that your family member had a break that caused such a deformity that the radiologist read it as not having a fracture.

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    1. Um, before you put someone down in regards to shielding..I do believe the person said that nobody offered anyone a shield (not necessarily her 'granny') and that the author was IN the room. Who's to say that he/she wasn't of "child bearing age"? You're not the brightest star in the sky, ma'am.

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  6. Um pretty sure that person wasn't in the room as all people are made to leave when an xray is taken. Think she is just lying for the dramatic effect.

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  7. Ask his wife where the girl scout cookie money went???? Just bad eggs all around!!! He deserved more than a year!!!!

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  8. His wife and brother (both unlicensed) were shooting x-rays in nursing homes and correctional facilities for years. The article mentioned payback to Medicare etc. but what about payback to the state for sending unlicensed people posing as x-ray techs into a federal institution (jails) shooting x-rays? Also what about putting all of those facilities at risk for sending his unlicensed wife and brother to perform x-rays on residents? This charade went on for years across both the Ohio and Kentucky borders.It seems as he got off easy as far as jail time and reimbursement.

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