OPMC Reporter – Spring 2017

PHYSICIAN PRECLUDED FROM PRACTICING IN NEW YORK STATE FOR IMPAIRED PRACTICE The OPMC disciplined a physician who did not contest the charges of having been disciplined by the State Medical Board of California for being impaired in his ability to practice medicine safely by obtaining and using controlled substances and for inappropriately prescribing to others. The […]

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SBME Reporter – Spring 2017

Doctor Off Duty Volume 6, Issue 2 PHYSICIAN AGREES TO PERMANENT LIMITATION ON SCOPE OF PRACTICE  In a Final Agreement and Consent Order of Limitation of Medical Practice entered on March 23, 2017, an obstetrician/gynecologist voluntarily agreed to cease and desist from all involvement in labor and delivery of any patient. As set forth in […]

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StatLaw – May 2017

Physician Who Prescribed Opiates Not Liable for Robbery and Murder Committed by Patients: In Ferguson v. Laffer, No. 02967, slip op. (N.Y. App. Div., 2d Dept. Apr. 19, 2017), the Supreme Court of New York, Appellate Division, Second Department, reversed the trial court’s denial of a motion to dismiss an action against a physician, Stan […]

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StatLaw – April 2017

Medical Malpractice Action Dismissed for Inadequate Certificate of Merit: In Calcagno v. Orthopedic Associates of Dutchess County, P.C., No. 523454, slip op. (N.Y. App. Div., 3d Dept. Mar. 2, 2017), the Supreme Court of New York, Appellate Division, Third Department, affirmed the trial court’s dismissal of a medical malpractice action on the basis of an […]

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StatLaw – March 2017

OIG Announces Large 12 Year Fraud Settlement: The U.S. Attorney for the Southern District of New York on March 1, 2017 announced criminal and civil actions relating to an alleged 12 year scheme to defraud Medicare, Medicaid and other private health insurance companies of more than $50 million. The defendants named in the indictment include […]

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StatLaw – February 2017

A physician received a written notice from the Office of the Attorney General Medicaid Fraud Control Unit: The agreement the physician had entered into with a billing company is in violation of State and Federal Medicaid regulations, as it bases compensation upon a percentage of the value of claims. The notice cites an article in […]

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OPMC Reporter – Winter 2017

What the Doctor Ordered? Volume 6, Issue 1 PHYSICIAN SUSPENDED SIX MONTHS FOR PERFORMING UNNECESSARY PROCEDURES AND ORDERING EXCESSIVE TESTING The OPMC suspended the medical license of a physician for six months after the Hearing Committee sustained charges finding the physician guilty of committing professional misconduct by performing services not authorized by the patient or patient […]

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StatLaw – January 2017

Overtime Rule in Effect in New York State: On September 22, 2016, a U.S. District Court judge in Texas granted an Emergency Motion for Preliminary Injunction and enjoined the U.S. Department of Labor from implementing and enforcing the Federal Overtime Final Rule that was scheduled to go into effect on December 1, 2016. The Federal […]

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StatLaw – December 2016

Former Doctor Sentenced to Prison for Health Care Fraud: A former physician from Illinois who had been convicted in Federal Court of falsely certifying elderly patients for in-home care has recently been sentenced to Federal prison and required to reimburse the government for $1.5 million in losses which he was found to have caused. Banio […]

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OPMC Reporter – Fall 2016

PHYSICIAN’S LICENSE SUSPENDED SIX MONTHS, PLACED ON PROBATION FOR FIVE YEARS FOR MULTIPLE ACTS OF PROFESSIONAL MISCONDUCT AND MALPRACTICE A physician was found to have practiced with negligence on more than one occasion and with gross negligence on two occasions in relation to surgeries performed on five patients. The findings included a number of deviations from […]

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StatLaw – November 2016

HHS Targets Increases in Drug Prices: The Office of the Inspector General (“OIG”) of the Health and Human Services Department (“HHS”) has released a list of items which it intends to look into, on a priority basis, in 2017. Prominently featured on this list is the goal of reducing costs for prescription drugs. The release […]

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SBME Reporter – Fall 2016

The Doctor’s Cut Volume 5, Issue 4 PHYSICIAN’S LICENSE REVOKED FOLLOWING GUILTY PLEA FOR VIOLATING THE ANTI-KICKBACK STATUTE On June 8, 2016, the respondent physician pled guilty to violation of the Anti-Kickback Statute and was subsequently sentenced to twelve (12) months in prison, a $6,000.00 fine and forfeiture of $174,000.00. The respondent admitted that, between September, […]

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StatLaw – October 2016

CMS Issues Final MACRA Rule, Expanding Exemptions and Adding Flexibility: On Friday, October 14, 2016, the Centers for Medicare and Medicaid Services (“CMS”) issued the long-awaited final rule under the Medicare Access and CHIP Reauthorization Act (“MACRA”). Now referred to as the “Quality Payment Program” (“QPP”), it still consists of two “pathways:” the Merit-based Incentive […]

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StatLaw – September 2016

CMS  Announces MACRA Refinements: Although final regulations have yet to be promulgated under the Medicare Access and CHIP Reauthorization Act (“MACRA”), and are not scheduled to be issued until November, 2016, in a recent blog post, Andrew Slavitt, the Acting Administrator of the Centers for Medicare and Medicaid Services (“CMS”), announced options which physicians could […]

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StatLaw – August 2016

MACRA Model Forcing Physicians to Evaluate Risk: Practices are now in the process of deciding which of the two possible reimbursement paths they will take under the Medicare Access and CHIP Reauthorization Act (MACRA). The shift from the much maligned sustainable growth rate formula (SGR) to MACRA is forcing physicians to think about issues typically […]

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OPMC Reporter – Summer 2016

Family Doctor Volume 5, Issue 3 PHYSICIAN DISCIPLINED FOR PRESCRIBING TO FAMILY AND STAFF WITHOUT ESTABLISHING PHYSICIAN-PATIENT RELATIONSHIP OR MEDICAL NECESSITY A physician agreed not to contest the charge that he was disciplined by the Connecticut Medical Examining Board based on inappropriate prescribing practices for prescribing injectable Dilaudid to a relative and staff member. The Board […]

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