North Carolina Physician Assistant Sentenced To Six Years In Prison For Role In $10 Million Telemedicine Fraud Scheme

CHARLOTTE, N.C. - A physician assistant was sentenced to prison today for his role in a $10 million Medicare fraud scheme involving genetic testing, announced Dena J. King, U.S. Attorney for the Western District of North Carolina. Colby Edward Joyner, 37, of Monroe, N.C., was sentenced to 72 months in prison and ordered to pay over $3.6 million in restitution. Last June, a federal jury convicted Joyner of health care fraud and making false statements relating to health care matters.

Robert M. DeWitt, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Tamala E. Miles, Special Agent in Charge with the Department of Health and Human Services, Office of Inspector General (HHS-OIG), join U.S. Attorney King in making today's announcement.

According to today's sentencing hearing and evidence presented at Joyner's trial, in 2018 and 2019, Joyner was a physician assistant in the Charlotte area who worked as an independent contractor for a physician staffing and telemedicine company. During the relevant time frame, Joyner signed fraudulent prescriptions for medically unnecessary genetic testing, specifically cancer genomic and pharmacogenetic testing, for over 600 Medicare beneficiaries residing in North Carolina. Joyner had never met, seen, or treated the beneficiaries, and only had brief telephone conversations with them or no interactions at all.

According to court records, Joyner received from the telemedicine company and its clients pre-populated prescription forms and related records for patients who were pre-selected for genetic testing, which he then electronically signed and returned, in exchange for $12 - and later $15 - for each purported consultation that he performed.

As trial evidence showed, to conceal that Joyner was not the beneficiaries' treating physician and that he did not conduct medical evaluations or examinations of the beneficiaries, Joyner falsified medical records in connection with the unnecessary prescriptions and falsely certified that the genetic tests were medically necessary. Joyner's scheme resulted in the submission of more than $10 million in fraudulent reimbursement claims to Medicare, and more than $3.6 million in

payments.

In announcing Joyner's sentence, U.S. District Judge Robert J. Conrad, Jr. stated that Joyner "abused his position of trust" as a Medicare provider and referred to Joyner's "cheap and easy" opportunity to make money and "willingness to sign and attest to things, knowing them not to be true." Judge Conrad further noted the potential impact of Joyner's conduct on Medicare beneficiaries' future ability to obtain certain genetic tests.

Joyner will be ordered to report to the Federal Bureau of Prisons upon designation of a federal facility.

The FBI in Charlotte and HHS-OIG investigated the case.

Assistant U.S. Attorneys Katherine Armstrong and Matthew Warren, and Special Assistant U.S. Attorney Eric Frick of the U.S. Attorney's Office in Charlotte prosecuted the case.