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West Virginia Psychiatrist Agrees to 10 Year Exclusion

On September 1, 2016, in connection with the resolution of False Claims Act liability, Delano H. Webb, MD, a West Virginia psychiatrist, agreed to be excluded from participating in Federal health care programs for a period of ten years under 42 U.S.C. § 1320a-7(b)(7). OIG alleged that Dr. Webb signed and supplied blank prescriptions and incomplete Certificates of Medical Necessity (CMNs) to durable medical equipment (DME) suppliers to complete and use in support of false claims to Medicare and West Virginia Medicaid for DME without regard for diagnosis or medical necessity. OIG alleged that the fraudulent prescriptions and CMNs containing Dr. Webb's signature purported to show that Dr. Webb had prescribed and certified the medical necessity and propriety of the DME when, in fact, he had not. After the initiation of an investigation in this matter, Dr. Webb participated in a scheme to obstruct the investigation by re-signing some of the fraudulent prescriptions and CMNs previously created by the DME supplier and ratifying those prescriptions and CMNs without regard to medical necessity or propriety. These re-signed claims were placed in patient records in an attempt to avoid having to repay Medicare and West Virginia Medicaid for the payments previously made based on the false claims submitted. Associate Counsel David Fuchs represented OIG.

Action Details

  • Date:September 1, 2016
  • Enforcement Types:
    • CMP and Affirmative Exclusions