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F. A. 120810

Summary

This case involves a physician who voluntarily surrendered their medical license after being charged with fraudulent billing practices and convicted of grand larceny. The physician admitted to billing for medical services not rendered over two years, resulting in the wrongful obtaining of over $52,000 from insurance funds. The case was resolved through a negotiated surrender agreement rather than a hearing, with the physician’s name being permanently removed from the roster of physicians in New York State.

Case Analysis

Effective Date: December 8, 2010

Type of Doctor: Not specified in the documents

Disposition Type: Negotiated Surrender of License

How many total charges? Two specifications

What specifications of charges were alleged?

    • First Specification: Fraudulent Practice (N.Y. Educ. Law § 6530(2)) – practicing medicine fraudulently by knowingly billing for medical services not rendered
    • Second Specification: Criminal Conviction (N.Y. Educ. Law § 6530(9)(a)(i)) – conviction for Grand Larceny in the Third Degree, a class D felony

How many patients were involved in each charge? Not specified in the documents

Which charges was the licensee guilty of (either via hearing or negotiated consent)? The physician admitted to both the First and Second Specifications in full satisfaction of the charges through the surrender agreement

Which charges was the licensee not guilty of? None – the physician admitted to all charges

Outcome/Penalties (specific to this case):

    • Surrender of medical license
    • Name stricken from the roster of physicians in the State of New York
    • Between August 3, 2005, and December 7, 2007, the physician wrongfully obtained $33,300.00 from the Employees Security Fund and $18,792.06 from the United Food and Commercial Workers, Local 17,4 and its successor, Local 342 Health Care Fund
    • Criminal conviction on January 14, 2010, for Grand Larceny in the Third Degree
    • Required to comply with all requirements for closing a medical practice as outlined in Exhibit “B”
Not to be used as legal advice. Not to be used as a source of legal guidance.