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Licensee V. Francis Medical Center Case Study

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The Licensee self-reported (answered yes on Questions #15, #17 & #19) on his license application that his privileges had been suspended from the St. Francis Medical Center, Cape Girardeau, MO for 30 days. This was due to his having an interest in a business that allegedly caused a conflict of interest in the eyes of the hospital.

This alleged conflict of interest is also the basis of an Anti-Kickback law violation that has the Licensee in federal court and pending prosecution.

The Licensee also self-reported (answered yes on Question #20) that he (or his insurance) had paid remuneration to two persons in the past year due to medical malpractice cases filed against him.

Information was subpoenaed from the St. Francis Medical Center. …show more content…
Francis Medical Center for 30 days due to having not filled out a form properly. He advised that he filled the form out on the advice of his attorney but it was apparently wrong. The form, a declaration of conflict of interest, was filled out citing no conflict, even though the Licensee had purchased less than 1% of stock in AMEDICA, a medical implant company. His attorney advised he received no financial gain from this although St. Francis Medical Center felt it was a conflict and had purchased equipment from this supplier. He also advised that he filled the form out as per instruction from his attorney.

The Licensee advised that any product used from AMEDICA was not supposed to go to patients with Medicaid/Medicare because of the appearance of kickback. However, inadvertently 4 cases did get through, in error, which used AMEDICA products. One particular case was the bulk of the costs of $101,073.00 that St. Francis states they returned to the US Government. The Licensee states that he did not receive any dividend payment or kickback for purchases that were made by St. Francis Medical Center for AMEDICA products.

A federal anti-kickback case is currently pending in federal

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