X-ray labs that perform mammograms must be certified by the Food and Drug Administration under the Mammography Quality Standards Act (MQSA) of 1992. 

Under the MQSA, before mammograms may be performed by a facility, it must meet stringent standards for equipment, personnel, and image quality, be accredited by an FDA-approved accreditation body, and be FDA-certified.

Because it did not meet the minimum quality standards for mammography, Livesay's facility was denied accreditation in December 1996, and was not certified by FDA.

Nevertheless, Livesay, of Woodstock, Va., sent false literature to BGF Industries, Inc., of South Hill, Va., stating that his facility had complied with all federal regulations and was accredited by the American College of Radiology. He also provided to BGF a fraudulent FDA certificate. 

Livesay then illegally supplied more than 100 mammograms to BGF personnel and billed their employer approximately $5,760 for these services.

The FDA said Livesay also defrauded the American Family Life Assurance Company, which had reimbursed wellness benefits to the employees of Virginia Quilting, Inc., of LaCrosse, Va., for illegally performed mammograms. In addition, Livesay provided illegal mammography services to numerous women employed by Hollister, Inc., in Stuarts Draft, Va.

"Most mammography facilities take seriously their obligation to meet standards and be certified so that women can be assured of high quality screening for breast cancer. A facility that flouts the law is putting women at risk. Such action will not be tolerated," said FDA Commissioner Jane E. Henney, M.D.

"It is important for the vast majority of health care practitioners who do a conscientious job and for the consumers who put their trust in the health care profession that we continue our efforts to identify and prosecute those who abuse that great trust," said Robert P. Crouch, Jr., U.S. Attorney for the Western District of Virginia. 

Assistant U.S. Attorney Nancy S. Healey prosecuted Livesay based on an investigation conducted by FDA's Office of Criminal Investigations. In April, Livesay pleaded guilty on two counts of mail fraud and one count of health care fraud. Testimony during the guilty plea hearing indicated that many of the mammography films from Livesay's facility were of poor quality.

The sentence was announced by U.S. District Judge James C. Turk.