U.S.

Attorneys Office December 15, 2011

Northern District of Ohio (216) 622-3600

A federal grand jury in Cleveland, Ohio, returned an indictment charging B. Elise Miller, age 57 of Coshocton, Ohio, with 14 counts of health care fraud in violation of Title 18, United States Code, Section 1347, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio. Miller is currently facing charges from two earlier indictments charging her, her husband Dana Campbell, Douglas Bolden, and James Ireland, with obstruction of justice and conspiracy. The indictment alleges that from about 1987 to November 2008, Miller owned and operated Three Rivers Infusion and Pharmacy Specialists (Three Rivers), a medical infusion and pharmacy supply company located in Coshocton, Ohio. In 2008, Three Rivers was under investigation by federal and state agencies for suspected over-billing of medical insurance companies for services and drugs, including a drug called Synagis used to treat infants to help prevent influenza. In August 2008, the government searched Three Rivers and seized various files including some files of patients who received Synagis, according to court documents. The current indictment charges that Miller caused Three Rivers to file false and fraudulent claims for reimbursement for services and drugs administered to patients covered by Medicaid and Medical Mutual of Ohio (MMOH). The indictment charges that Three Rivers began submitting claims to MMOH falsely under the name Holzer Infusion Services in order to avoid the review of Three Rivers claims by MMOH. By the time MMOH discovered that Holzer was in reality, Three Rivers, MMOH had paid more than $700,000 in claims to Holzer, according to the indictment. The indictment also charges that Miller caused Three Rivers to file false claims with Medicaid relating to Three Rivers dispensing Synagis to Medicaid patients. It is alleged that fictitious claims were made by Three Rivers for dispensing of Synagis at times when such drug was actually never dispensed. If convicted, the defendants sentences will be determined by the Court after review of factors unique to this case, including the defendants prior criminal records, if any, the defendants roles in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and, in most cases it will be less than the maximum. This case is being prosecuted by Assistant U.S. Attorney James C. Lynch and Special Assistant U.S. Attorney Constance A. Nearhood with the Ohio Attorney Generals Office, Columbus, Ohio, following investigations by the Ohio Attorney Generals Office, Medicaid Fraud Control Unit; Ohio Department of Insurance; United States Department of Health and Human Services, Office of the Inspector General, Columbus, Ohio; and Federal Bureau of Investigation, Columbus, Ohio.

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the governments burden to prove guilt beyond a reasonable doubt.