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Home / Courts / 4th Circuit / Administrative – Medicare – Convicted Doctor – Hydrocodone Samples – Statutory Ban (access required)

Administrative – Medicare – Convicted Doctor – Hydrocodone Samples – Statutory Ban (access required)

Morgan v. Sebelius A physician who obtained hydrocodone samples for his personal use by misleading sales representatives into believing the samples were for patients, and who pleaded guilty to knowingly obtaining a controlled substance by fraud, cannot avoid the ban on participating in the Medicare and Medicaid programs by arguing that the statutory ban under 42 U.S.C. § 1320a-7(a)(3) only applies to “financial misconduct”; the 4th Circuit dismisses the physician’s challenge to application of the ban.

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