LANSING, Mich. -- A former Sioux City plastic surgeon has been placed on probation and must pay a fine and restitution for falsifying patient medical records while he practiced in Michigan.
Adam Smith had pleaded guilty in a federal court in Michigan in April to one count of making false statements. Six counts of health care fraud 10 additional counts of making false statements were dismissed as part of a plea agreement.
Under federal sentencing guidelines, Smith could have been sentenced to up to six months in prison. U.S. District Judge Hala Jarbou on Friday placed Smith on probation for three years, fined him $3,000 and ordered him to pay a $100 assessment and a total of $6,360 in restitution to the Centers for Medicare Services and the Michigan Medicaid program.
According to terms of his probation, Smith may not work in any medical field without first informing his probation officer.
Smith was indicted in 2019 for actions that took place at his Traverse City, Michigan, practice from 2011 to 2014. He was charged with billing cosmetic surgical procedures not covered by Medicare or Medicaid as medically necessary non-cosmetic procedures and falsifying patient records to cover up the billing fraud.
Smith practiced in Michigan until 2014, when he moved to Sioux City, where he was affiliated with Tri-State Specialists before leaving the group in fall 2019. According to court documents, he moved to North Carolina but it was not clear if he continues to live there.
He still could face civil action in Michigan. A complaint filed in federal court in December 2018 accuses Smith of filing 89 fraudulent Medicare and Medicaid claims totaling more than $64,000 while he practiced there. Proceedings in that case were previously stayed. With his criminal case concluded, either side may ask to reopen the civil case within the next two weeks.
Smith voluntarily surrendered his Iowa medical license in February to resolve charges of professional incompetency and unethical conduct. The Iowa Medical Board charged him in 2019 with providing inappropriate surgical care to 17 patients and other unprofessional conduct from December 2014 to September 2017. He also surrendered his South Dakota medical license.
Smith still faces at least seven lawsuits in Woodbury County filed by former patients, each of whom alleges that he mishandled their surgeries and/or post-surgical care. A jury found in Smith's favor in a previous lawsuit, and judges have dismissed at least seven others.