A federal appeals court has upheld the conviction of chiropractor Benjamin Tekippe for health care fraud and wire fraud. The decision, issued by the United States Court of Appeals for the Fifth Circuit on October 12, 2026, confirms that Tekippe engaged in a scheme to defraud Blue Cross and Blue Shield of Louisiana (BCBSLA) by submitting fraudulent reimbursement claims. This ruling affects not only Tekippe but also highlights the importance of compliance in health care billing practices.
Tekippe, who owned and operated Oak Tree Chiropractic LLC, was found guilty of six counts of health care fraud and one count of wire fraud after a jury trial. The court's decision emphasizes the seriousness of health care fraud and the legal repercussions that can follow when practitioners violate billing regulations.
Background
The case against Benjamin Tekippe began when investigators from BCBSLA noticed unusual billing patterns at his chiropractic clinic in Metairie, Louisiana. Over a period of three and a half years, Tekippe submitted claims that included the same six service codes for at least 93% of his billed claims. Misty Jones, a BCBSLA investigator, noted that Tekippe billed more for massage therapy than any other chiropractor in the state, raising red flags about the legitimacy of his claims.
During the investigation, employees testified that Tekippe pressured them to fabricate treatment notes and offered monetary incentives for doing so. This led to concerns about the authenticity of patient records, which appeared to be copied and pasted rather than individualized. The case reached the Fifth Circuit after Tekippe appealed his conviction, arguing that the district court's finding of pervasive fraud was incorrect.
The Ruling
The Fifth Circuit, consisting of Judges Jerry E. Smith, Haynes, and Engelhardt, affirmed the lower court's ruling. The court found that the evidence presented at trial supported the conclusion that Tekippe engaged in extensive fraud. The opinion stated, "Considering the entire record, Tekippe’s fraud was pervasive." The court noted that the district court had sufficient grounds to determine that Tekippe's fraudulent activities were not isolated incidents but part of a broader scheme.
In its analysis, the court highlighted that Tekippe's billing practices were inconsistent with the medical necessity requirement set by BCBSLA. The court ruled that the district court's findings were plausible, stating, "A factual finding survives clear error review if it is plausible in light of the record read as a whole." The judges emphasized that the burden of proof shifted to Tekippe to demonstrate the legitimacy of specific claims, which he failed to do.
Impact
This ruling has significant implications for health care providers, particularly chiropractors and other practitioners who bill insurance companies. It reinforces the necessity for accurate and honest billing practices in the health care industry. The court's decision serves as a warning that fraudulent billing can lead to severe legal consequences, including substantial prison sentences.
Moreover, the ruling may set a precedent for future cases involving health care fraud, as it underscores the importance of compliance with billing guidelines and the potential for severe penalties when those guidelines are violated. The court's findings also stress the need for health care providers to maintain thorough and accurate patient records to avoid similar legal challenges.
What's Next
Tekippe's conviction can potentially be appealed to the Supreme Court, but it remains unclear if he will pursue this option. There are currently no related cases pending that directly connect to this ruling. However, the case may influence future litigation involving health care fraud and billing practices.