Michael Frey, M.D., a former partner at Advanced Pain Management & Spine Specialists in Fort Myers, Florida, pleaded guilty on May 18, 2018, to taking more than $470,000 in kickbacks for prescribing certain durable medical equipment and pain medications between 2010 and 2016.
According to court documents, Frey paid medical supplier A&G Spinal Solutions $50,000 to put his wife on their payroll and giver her 10% of the profits made from equipment referrals made by Frey. The company would then allegedly file fraudulent Medicare benefit claims.
Co-conspirators Ryan Williamson and William Pierce, managing partners in the supply business, reportedly needed the money to pay a tax bill of that same amount. Both pleaded guilty to their roles in the scheme.
The court records also reportedly show that Frey put together a similar arrangement with an unnamed co-conspirator to receive a share of prescription sales.
Frey’s plea agreement included that between 2013 and 2015, he received kickbacks from sales representatives and other employees of Insys Therapeutics Inc. to receive fees for his participation in “largely bogus” Insys speaker event programs.
The Department of Justice stated that Frey will pay $2.8 million to the government as part of a civil settlement to resolve the allegations he violated the False Claims Act through receiving kickbacks.
Frey faces up to 10 years in prison. No sentencing date has been set.
Jonathan Daitch, M.D., Frey’s former business partner, said the illegal kickbacks were “concealed from other members of the practice.”
“These kickbacks were concealed from other members of the practice. Although the plea agreement alleged unlawful payments to Dr. Frey for the prescription of medical products, it is our understanding that all medical services conducted by Dr. Frey and all medical prescriptions ordered by Dr. Frey were medically necessary and provided or prescribed for the maximum medical benefit to the patient.”
“Dr. Frey has since resigned from Advanced Pain Management & Spine Specialists and I have assumed sole ownership over the practice.”
One former patient, an Army veteran, told the local NBC affiliate that during one visit about two years ago Frey prescribed a cream to help alleviate the back pain. He said Frey offered to fill the prescription on his own using a pharmacy more than 130 miles away in Stuart, Florida.
“I thought, ‘this is really, really strange,'” said the veteran. “Immediately in my head, I thought, ‘I bet he got a kickback.’”
According to Healthgrades.com, Frey graduated from Ross University, School of Medicine in Portsmouth, Dominica in 1998.
He is the best Dr I have
I began seeing Dr Frey in 2011 through 12/15. I am NOT surprised at any of this. He was really great in the beginning, but then he started changing in his personality. He would drug testing me on one urine sample 1,2,and 3 different times on one urine sample. He became mean, very rude! His nurse practitioner Christine was an angel to me, I do hope none of this affects her.
Frey had lied to Christine about me, and I still believe in her. I have heard him cuss at his staff, he is not worthy of having a PHD. I have every piece of documentation from 2011 to the time I left, or he fired me. I used to be a ICU RN, and I knew something was up with Frey. I just wish I had better self judgement to be able to have done something. We have a lot of excellent physicians around, I am so glad to see this one fall!
Michael Frey belongs in JAIL… he got off in 18 months. He should be there for 10 years. I was over prescribed medications that a person dying of cancer would not get. I became an addict. I had to spend $10,000 for a detox treatment that I would not want my worst enemy to go through EXCEPT Frey himself. Everything was a joke to him. Terrible bedside manner, making fun off patients and cursing. He should be in jail and throw away the key……
I am so shocked. I had been diagnosed with RSD and previous doctors had told me there was nothing to be done about the relentless pain in my foot and calf. In fact, I was told that I would likely be in a wheelchair by age 50. I lived with horrible pain for 18 months before I found Dr. Frey. He gave me a nerve block (which, yes, hurt a lot!) – and I was prescribed a cream that I picked up from the pharmacy next door to the office (this was in 2008). The next day, I woke up with NO PAIN. I cried from joy. I had to return for a repeat nerve block once in 2009 – but I am effectively cured. And at 53, no wheelchair in sight for me. He was a good doctor when I saw him. I’m forever grateful that he healed me. The other doctors wanted me to take OxyContin regularly – and had I followed their advice, I would have become addicted to the opiate. I never asked Dr. Frey for pain meds nor did he offer them. I wonder what happened to him after I saw him as it sounds like a completely different person.