Skip to content
  • About
  • Contact
  • Contribute
  • Book
  • Careers
  • Podcast
  • Recommended
  • Speaking
  • All
  • Physician
  • Practice
  • Policy
  • Finance
  • Conditions
  • .edu
  • Patient
  • Meds
  • Tech
  • Social
  • Video
    • All
    • Physician
    • Practice
    • Policy
    • Finance
    • Conditions
    • .edu
    • Patient
    • Meds
    • Tech
    • Social
    • Video
    • About
    • Contact
    • Contribute
    • Book
    • Careers
    • Podcast
    • Recommended
    • Speaking

From addiction to exclusion: a physician’s struggle for redemption

Jeffrey L. Fraser, MD
Physician
April 16, 2023
Share
Tweet
Share

Many consequences can happen to a physician who has faced the disease of addiction. One of the worst is to be placed on the Office of the Inspector General (OIG) exclusion list, which prohibits billing for both Medicare and Medicaid. During my hydrocodone addiction, I diverted the medication by writing prescriptions to my patients, who would bring the pills back to me for my use. I was charged with a felony, pleaded guilty after two years of wasted time in negotiations, and was placed on four years of probation. After two years, my probation was ended thanks to my probation officer advocating for me to the judge. Thirteen months after I had pleaded guilty, I received a bombshell letter in the regular mail from the OIG informing me I was placed on the exclusion list for five years because of my felony conviction. This came nine months after I had been fully credentialed for both Medicare and Medicaid with full disclosure of my felony and history of drug addiction and nearly five years since I last diverted a narcotic. I was practicing family medicine in a small town in North Carolina at the time, and I maintain medical licenses in both North Carolina and Nebraska that have been rendered worthless.

There are several ways to respond when placed on the OIG exclusion list. An appeal can be filed within 60 days of receipt of the letter. I was informed by my attorney and the hospital administration not to file an appeal because they were going to seek a waiver of the exclusion since I was practicing in an underserved area. I was instructed to sit tight and keep seeing patients. Three weeks after I received the notice, I was terminated because the CEO who had signed my contract said he did not know I was a felon when they hired me.

My licensing attorney was friends with the entire administration, and he initiated conversations and described my history, which led to their interest in hiring me. I personally informed the same people, and I was interviewed in person, and a contract was offered and signed. The office submitted the credentialing forms under the direction of the chief operating officer and included my history of felony and addiction. They had complete and indisputable knowledge of my history. During the month after receiving my termination notice signed by the vice president and delivered in person by the COO, there were multiple attempts to convince the CEO to change his mind. These attempts were unsuccessful, and the CEO kept to the story; he did not know I was a felon. I wrote a letter of appeal and called the OIG exclusion office, but they informed me the appeal time had expired.

There are three ways to overcome the OIG exclusion. You can file an appeal. You can obtain a waiver from the same people who excluded you, and I will describe this process and its futility. A presidential pardon will remove the felony, and the OIG exclusion is then ended. The state Medicaid director for both states I have medical licenses has submitted requests for a waiver. The OIG has granted a Medicaid waiver, but Medicare has denied it for small, underserved communities in both states. I have been talking with the small town of Aurora, Nebraska, which has three full-time physicians and one part-time. Medicare denied the waiver request because they said there were 49 family physicians in Aurora and 14 unique family practice offices in town. (There is one practice, and there never were or will be that many physicians in Aurora; according to Nebraska DHHS, there are only seven physicians in the entire county.)

They also said there are 348 family doctors in a town 30 miles away and 114 unique family practice offices. When confronted with the inaccurate numbers, the OIG exclusion office said they do not dispute the numbers from the Medicare people. A similar response was received for a town of 200 people in rural North Carolina. So two communities with difficulty recruiting and maintaining physicians cannot receive the care they deserve, and I was willing to provide.

My request for a presidential pardon was supported by a Nebraska Congressman that is no longer in office, so I was informed the request is just sitting in the Department of Justice. Not one Nebraska Congressman or Senator is willing to help, some have directly said no, and most will not return multiple phone calls or emails. Before me, no physician in Nebraska had been indicted for diverting, stealing, or buying illegal drugs on the street. The U.S. attorney who prosecuted me has a history of two DUIs and is recovering from an alcohol use disorder. My licensing attorney in North Carolina informed me no physician had been indicted for diverting a narcotic.

If you are charged with a felony, my advice is not to accept a plea deal. I believe a jury would have understood the disease of addiction and the resulting behaviors better than our legal system. I have been in recovery for 62 months, and I cannot practice my profession.

Jeffrey L. Fraser is a family physician.

Prev

April 16th is National Healthcare Decisions Day: Plan for your end-of-life care now

April 16, 2023 Kevin 0
…
Next

The insurance denial process: one oncologist's fight against a broken system

April 16, 2023 Kevin 6
…

Tagged as: Primary Care

Post navigation

< Previous Post
April 16th is National Healthcare Decisions Day: Plan for your end-of-life care now
Next Post >
The insurance denial process: one oncologist's fight against a broken system

ADVERTISEMENT

More by Jeffrey L. Fraser, MD

  • The doctor’s struggle: How prescription opioids can lead to addiction

    Christina Fraser & Jeffrey L. Fraser, MD
  • Let doctors in recovery be able to recover their careers

    Jeffrey L. Fraser, MD

Related Posts

  • A physician’s addiction to social media

    Amanda Xi, MD
  • More physician responsibility for patient care

    Michael R. McGuire
  • Health care needs more physician CEOs

    Alexi Nazem, MD
  • The health care system will cause its own physician shortage

    Advait Suvarnakar and Aashka Suvarnakar
  • 3 ways physician-pharma partnerships are improving quality of care

    Jack Pinney, MD
  • The triad of health care: patient, nurse, physician

    Michele Luckenbaugh

More in Physician

  • Why Canada is losing its skilled immigrant doctors

    Olumuyiwa Bamgbade, MD
  • Why doctors are reclaiming control from burnout culture

    Maureen Gibbons, MD
  • Why screening for diseases you might have can backfire

    Andy Lazris, MD and Alan Roth, DO
  • Why “do no harm” might be harming modern medicine

    Sabooh S. Mubbashar, MD
  • International doctors blocked by visa delays as U.S. faces physician shortage

    Arthur Lazarus, MD, MBA
  • How I redesigned my life as a physician without abandoning medicine

    Ben Reinking, MD
  • Most Popular

  • Past Week

    • Why are medical students turning away from primary care? [PODCAST]

      The Podcast by KevinMD | Podcast
    • Here’s what providers really need in a modern EHR

      Laura Kohlhagen, MD, MBA | Tech
    • Why “do no harm” might be harming modern medicine

      Sabooh S. Mubbashar, MD | Physician
    • How community paramedicine impacts Indigenous elders

      Noah Weinberg | Conditions
    • Why Canada is losing its skilled immigrant doctors

      Olumuyiwa Bamgbade, MD | Physician
    • How to speak the language of leadership to improve doctor wellness [PODCAST]

      The Podcast by KevinMD | Podcast
  • Past 6 Months

    • Why tracking cognitive load could save doctors and patients

      Hiba Fatima Hamid | Education
    • Why are medical students turning away from primary care? [PODCAST]

      The Podcast by KevinMD | Podcast
    • Why “do no harm” might be harming modern medicine

      Sabooh S. Mubbashar, MD | Physician
    • Here’s what providers really need in a modern EHR

      Laura Kohlhagen, MD, MBA | Tech
    • What the world must learn from the life and death of Hind Rajab

      Saba Qaiser, RN | Conditions
    • How medical culture hides burnout in plain sight

      Marco Benítez | Conditions
  • Recent Posts

    • Why Canada is losing its skilled immigrant doctors

      Olumuyiwa Bamgbade, MD | Physician
    • Why doctors are reclaiming control from burnout culture

      Maureen Gibbons, MD | Physician
    • Would The Pitts’ Dr. Robby Robinavitch welcome a new colleague? Yes. Especially if their initials were AI.

      Gabe Jones, MBA | Tech
    • Why medicine must stop worshipping burnout and start valuing humanity

      Sarah White, APRN | Conditions
    • Why screening for diseases you might have can backfire

      Andy Lazris, MD and Alan Roth, DO | Physician
    • How organizational culture drives top talent away [PODCAST]

      The Podcast by KevinMD | Podcast

Subscribe to KevinMD and never miss a story!

Get free updates delivered free to your inbox.


Find jobs at
Careers by KevinMD.com

Search thousands of physician, PA, NP, and CRNA jobs now.

Learn more

View 1 Comments >

Founded in 2004 by Kevin Pho, MD, KevinMD.com is the web’s leading platform where physicians, advanced practitioners, nurses, medical students, and patients share their insight and tell their stories.

Social

  • Like on Facebook
  • Follow on Twitter
  • Connect on Linkedin
  • Subscribe on Youtube
  • Instagram

ADVERTISEMENT

  • Most Popular

  • Past Week

    • Why are medical students turning away from primary care? [PODCAST]

      The Podcast by KevinMD | Podcast
    • Here’s what providers really need in a modern EHR

      Laura Kohlhagen, MD, MBA | Tech
    • Why “do no harm” might be harming modern medicine

      Sabooh S. Mubbashar, MD | Physician
    • How community paramedicine impacts Indigenous elders

      Noah Weinberg | Conditions
    • Why Canada is losing its skilled immigrant doctors

      Olumuyiwa Bamgbade, MD | Physician
    • How to speak the language of leadership to improve doctor wellness [PODCAST]

      The Podcast by KevinMD | Podcast
  • Past 6 Months

    • Why tracking cognitive load could save doctors and patients

      Hiba Fatima Hamid | Education
    • Why are medical students turning away from primary care? [PODCAST]

      The Podcast by KevinMD | Podcast
    • Why “do no harm” might be harming modern medicine

      Sabooh S. Mubbashar, MD | Physician
    • Here’s what providers really need in a modern EHR

      Laura Kohlhagen, MD, MBA | Tech
    • What the world must learn from the life and death of Hind Rajab

      Saba Qaiser, RN | Conditions
    • How medical culture hides burnout in plain sight

      Marco Benítez | Conditions
  • Recent Posts

    • Why Canada is losing its skilled immigrant doctors

      Olumuyiwa Bamgbade, MD | Physician
    • Why doctors are reclaiming control from burnout culture

      Maureen Gibbons, MD | Physician
    • Would The Pitts’ Dr. Robby Robinavitch welcome a new colleague? Yes. Especially if their initials were AI.

      Gabe Jones, MBA | Tech
    • Why medicine must stop worshipping burnout and start valuing humanity

      Sarah White, APRN | Conditions
    • Why screening for diseases you might have can backfire

      Andy Lazris, MD and Alan Roth, DO | Physician
    • How organizational culture drives top talent away [PODCAST]

      The Podcast by KevinMD | Podcast

MedPage Today Professional

An Everyday Health Property Medpage Today
  • Terms of Use | Disclaimer
  • Privacy Policy
  • DMCA Policy
All Content © KevinMD, LLC
Site by Outthink Group

From addiction to exclusion: a physician’s struggle for redemption
1 comments

Comments are moderated before they are published. Please read the comment policy.

Loading Comments...