05/14/2014    

IN THE COURTS

Revocation of OH Podiatrist's Enrollment Affirmed

 

In Jeffrey Lubell, DPM v. CMS (HHS Departmental Appeals Bd., Civil Remedies Div., No. CR3192, 4/7/14), ALJ Sickendick affirmed the revocation of a podiatrist's Medicare enrollment and billing privileges based on his non-compliance with 42 C.F.R. § 424.57(c)(7)(i)(C) (supplier standard 7), because his facility was unstaffed and inaccessible to the public during his hours of operation. 

 

The ALJ rejected the petitioner's argument that his enrollment should not be revoked because the dates on which he closed his facility fell during "the most Holy Days in the Jewish and Christian calendars." Supplier standard 7 makes no exception for religious holidays, the ALJ said, and the petitioner presented no evidence that whatever signage he did have posted stated that his facility was closed for religious holidays. 

 

Source: Bloomberg BNA Law Report [5/8/14]