WHEELING — Federal prosecutors have filed a motion to dismiss the remaining counts of a federal indictment against Dr. Roland F. Chalifoux this week.
The United States' unopposed motion to dismiss said the parties agreed to enter into a Pretrial Diversion Agreement where Chalifoux agreed to pay restitution in the amount of $28,606.75 and the United States agreed to dismiss the remaining healthcare fraud charges.
The restitution will go to the Centers for Medicare and Medicaid Services in the amount of $2,320.62; WV Medicaid Fraud Control Unit in the amount of $9,860.95; The Health Plan of the Upper Ohio Valley in the amount of $11,339.71; and Blue Cross Blue Shield in the amount of $5,085.47.
Chalifoux, 58, who owned Valley Pain Management in McMechen, was indicted on 32 counts of healthcare fraud, wire fraud and mail fraud in 2017.
Chalifoux was accused of billing Medicaid and other insurers for visits when he was not in the office.
Chalifoux's attorneys, Ronald W. Chapman II of Chapman Law Group and Elgine McArdle of McArdle Law Office, provided a statement regarding the dismissal.
"We knew from the outset of this case that the prosecution’s position was deeply flawed and based on a misunderstanding of healthcare regulations," the statement read. "Despite many opportunities to resolve this case early, we believed in Dr. Chalifoux’s innocence and looked forward to presenting his case to the jury. We are pleased that Dr. Chalifoux was finally vindicated. We are glad to have taken this weight off of Dr. Chalifoux’s shoulders and we are thankful that prosecutors were ultimately receptive to our issues with this case and elected to dismiss the indictment."
Chalifoux also provided a statement to The West Virginia Record.
"I am incredibly relieved that this three and a half year ordeal is over," Chalifoux said. "I have always maintained my innocence and look forward to continuing to practice medicine and treat my patients."
Chalifoix said the allegations against him were spawned by a previous employee of his practice who was terminated for diversion.
"I am grateful that my attorneys Ron Chapman and Elgine McArdle were finally able to convince prosecutors of the false nature of their allegations," Chalifoux said. "I would like to thank all of my patients, friends, and colleagues who have stood by me and my staff during this very difficult three and a half years."
Chalifoux said few Americans will understand the mental and financial burden a federal investigation places on its target.
"I am grateful that I am one of the few that have received vindication," Chalifoux said. "I will continue to advocate for all patients suffering from various chronic pain conditions and I look forward to continuing my passion to provide top quality patient care to the residents of this community."
The United States is represented by Assistant U.S. Attorney Sarah E. Wagner.
The case is assigned to District Judge Frederick P. Stamp Jr.
U.S. District Court for the Northern District of West Virginia Case number: 5:17-cr-00020