Two men plead guilty to health care fraud

By Jacob Brooks
The Daily News
Published/Last Modified on Wednesday, July 1, 2009 8:33 AM CDT


A Franklinton businessman and a physician have pleaded guilty to health care fraud charges.

Federal prosecutors say 41-year-old Jeffrey McElveen, of Franklinton, and 62-year-old Robert Cleveland, of Greenburg, took part in a scheme to make more than $800,000 in fraudulent claims to Medicare for patients’ power wheelchairs.

McElveen owns Positive Home Oxygen, a medical equipment provider. Cleveland, a physician, is accused of falsely certifying the patients qualified for power wheelchairs in exchange for McElveen referring patients to his practice.

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Both men face up to 10 years in prison following their guilty pleas Thursday.

According to court documents, Dr. Cleveland told a United States Department of Health and Human Services agent that he operated as PHO’s medical director from 2001 until 2004 and that he agreed to sign certificates of medical necessity for McElveen and Positive Home Oxygen in exchange for receiving business referrals to his medical practice.

“Dr. Cleveland stated that he did not fully understand the requirements for wheelchair eligibility and thought that the patients merely needed to be ‘mobility impaired.’ Dr. Cleveland would testify that in addition to receiving payments via check from McElveen and PHO, he also received envelopes of cash from McElveen through … a PHO employee,” according to the documents.

FBI agents interviewed dozens of Medicare recipients who received wheelchairs from Positive Home Oxygen, and found that none of the recipients were eligible under Medicare guidelines to receive a power wheelchair, according to the U.S. District Attorney’s office.

“The agents would also testify that the majority of beneficiaries’ homes were not wheelchair accessible nor would they accommodate wheelchairs,” according to court documents.

The Associated Press contributed to this report.

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