Nelson Hardiman Attorneys Harry Nelson and Aviva Morady recently represented a Physician after a former telemedicine employer, Video Doctors USA and Telemed Health Group, fraudulently used his Medicare provider number to bill for medically unnecessary orthopedic braces and other durable medical equipment (DME). Following the Department of Justice prosecution of the telemedicine company owners, CMS suspended the physician’s Medicare enrollment and billing privileges. Medicare sought to suspend the Physician for an indefinite period of time, leading to dire repercussions on his medical career despite his lack of knowledge or participation in the fraud. Attorneys Harry Nelson and Aviva Morady successfully appealed the Physician’s suspension, arguing that the Physician was a victim and not an enabler of the fraud, and that he appropriately exited promptly without delay upon encountering questionable practices from the telemedical provider. CMS agreed with the appeal and reinstated the Physician’s Medicare enrollment and billing privileges and allowing the Physician to resume his ability to provide services.
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