Atlanta surgeon, 2 chiropractors get prison for health fraud

Published: 2009-03-26 11:11:30
Author: Atlanta Journal Constitution, November 21, 2008

An orthopedic surgeon and two chiropractors were sentenced Thursday to federal prison for cheating insurance companies out of $3 million by mislabeling treatments for back pain.

The sentences are the latest in Georgia to result from a back pain treatment known as Vertebral Axial Decompression.

The U.S. Attorney’s Office said Dr. Howard Berkowitz, 58, of Atlanta was sentenced Thursday to 18 months, and the chiropractors, 67-year-old Arthur Hargraves of Douglasville, Ga., and 52-year-old Daniel Puffenberger of Kissimmee, Fla., each got three years and five months.

Berkowitz pleaded guilty and testified against his former partners in the Associated Spinal Care Network, which operated clinics in north Georgia and Tennessee. Prosecutors said the network faked reports to be reimbursed by Blue Cross/Blue Shield of Georgia for the Vax-D procedure, which was not covered by the insurance company.

VAX-D is a non-invasive treatment that uses a mechanical table to stretch a patient’s spine. Blue Cross/Blue Shield of Georgia considered it investigational and not medically necessary, and made clear to health care providers that it did not cover the procedure.

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