Our Healthcare Compliance lawyers negotiated with the DEA for over a year to avoid order to show cause and retain a pharmacist’s license.
Our client is a Florida-based internal medicine physician. In 2016, he pleaded guilty for accepting a $700 kickback in referring a patient to a home health provider.
In his new role as medical director and sole, full-time physician at the state prison in Somerset, Pennsylvania, our client saw upward of 45 patients daily. He needed a DEA registration because inmates who needed immediate medical attention would have to wait, at times, up to 72 hours before medication could be obtained — and would “suffer needlessly while the facility locates a provider [to] write a prescription for a controlled substance.”
The DEA, in its order to show cause, contended that our client should not be granted a DEA registration due to his Medicare and Medicaid exclusion, and that “the underlying conviction that led to mandatory exclusion does not need to involve controlled substances to support sanction.”
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In analyzing our client’s recent history, during which he obtained licensure in Maryland, Montana, New York and Pennsylvania, we contended that the licensing authorities in those states do not perceive our client “‘as a threat to public safety and believe … his unfettered licensure is consistent with public interest.’”
We also attested that the government was unable to prove, “‘by a preponderance of the evidence,’” that our client’s DEA registration should be denied solely because of his Medicare/Medicaid exclusion. Further, we encouraged our client to be forthright about his kickback conviction, give concrete examples of how he had made strides to correct his actions, and be open about his remorse for what he did.
The U.S. Administrative Law Judge gave his recommendation that our client be granted a DEA registration “without further delay,” noting that “denying his application would not be remedial in nature, it would simply be added punishment.” He also added that our client:
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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.
Our attorneys worked with the DEA and negotiated by offering a compliance program to bring the physician back into compliance with the DEA’s requirements.
After our attorneys’ countless calls to the state district court and DEA, and our unrelenting advocacy, the DEA completely changed course and subsequently granted the DEA registration with no conditions.
If a physician is excluded from Medicare/Medicaid because he/she accepted a kickback, does this mean he/she could be denied DEA registration in the future? Not necessarily.
Ronald W. Chapman II (pictured), chairperson of White Collar Defense & Government Investigations at Chapman Law group, told the Pittsburgh Post-Gazette that physicians often surrender their DEA
DEA Registration Renewals and Prescribing A common concern we receive from healthcare clients across the U.S. is whether they may keep prescribing medication their DEA