Our Healthcare Compliance lawyers negotiated with the DEA for over a year to avoid order to show cause and retain a pharmacist’s license.
A pharmacist was convicted of a controlled substance violation. As a result, he was excluded from participation in Medicare and Medicaid by the Office of Inspector General (“OIG”). His exclusion period was increased beyond the mandatory minimum time period of five years.
We argued to the OIG that exclusion for the prescribed time period was unreasonable under the OIG regulations, and that most of the factors that lead to a greater exclusion period were inapplicable. The aggravating factors that were considered were whether petitioner’s acts resulted in a financial loss of $50,000 or more; whether the acts had a significant adverse physical, mental or financial impact on beneficiaries; and whether the acts resulted in incarceration.
In mitigation, we argued that the financial loss was less than $5,000; that petitioner’s mental, emotional or physical commission was found to lessen his criminal culpability; and that the petitioner has been substantially cooperating. Further, we argued that the exclusion period should be reduced when these mitigating factors are considered.
After considering the relevant factors, the administrative law judge determined that the period of exclusion was unreasonable and reduced the exclusion period.
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the State Bar.
Ronald W. Chapman Sr., M.P.A., LL.M.
President & CEO
Complex Healthcare Fraud, Qui Tam,
All Offices – Main Office Sarasota
6841 Energy Court
Sarasota, FL 34240
Phone: (941) 893-3449
Our attorneys succeeded in getting the DEA to grant registration to a physician who had been excluded from Medicare and Medicaid due to health care fraud.
We successfully demonstrated to the DEA that the pharmacist had the financial capacity to operate a pharmacy and also fully understood his corresponding responsibilities in regarding to narcotic medication dispensing and record keeping.
December 3, 2016 – Ron Chapman Sr. and Ron Chapman II had the pleasure of presenting a continuing education class to over 375 pharmacists and technicians. Ron