A former St. Louis County healthcare company owner was sentenced to 20 months in prison and fined $100,000 for submitting more than $3.8 million in fraudulent claims to Medicare, Medicaid, and private healthcare benefit programs. Carlos Himpler, now 44, owned or operated a series of healthcare-related businesses. Himpler’s co-defendant, Dr. Franco Sicuro, owned Advanced Geriatric Management LLC (AGM) in Creve Coeur, Missouri. In the fall of 2014, Himpler and Dr. Sicuro decided to open an in-house testing lab at AGM. They also opened Genotec DX, which they held out as a clinical testing laboratory, and which was in the same building and used the same testing machine as AGM’s lab. Himpler and Dr. Sicuro sought accreditation for both labs under the Clinical Laboratory Improvement Amendments (CLIA), which set forth quality standards for laboratories. They did not disclose that both labs would employ the same part-time employee who would perform tests using the same machine.
To convince CLIA to grant Genotec a final certificate of compliance in November 2015, Himpler participated in causing Genotec to make misrepresentations to CLIA, including that Genotec’s testing hours “changed” so that they no longer overlapped with AGM. The misrepresentations also included claims that AGM stopped lab running samples and transferred its employees to Genotec in July of 2015, and that Genotec did not begin running samples until July of 2015. In reality, the AGM lab continued operating after July 2015 and Genotec started testing months before then. The pair concealed Sicuro’s co-ownership of Genotec from Medicare, Medicaid and private healthcare insurers, while referring urine specimens from Sicuro’s own practice, AGM, to Genotec.
