A Las Vegas spine surgeon has filed a lawsuit to overturn a five-year ban that prevented him from receiving compensation for treating federally insured patients — a measure enacted after he was convicted in a fraud scheme, according to a Las Vegas Review-Journal report.
Mark B. Kabins, MD, pleaded guilty in Nov. 2010 to one count of misprision of felony, which is defined as knowing another person committed a felony and not notifying the proper authorities, according to an earlier Las Vegas Sun report. He was sentenced to five years of probation and six months of home detention.
The probation was halted by a federal judge in September. The judge concluded that government claims "were not convincing or supported by evidence," according to the report, even though prosecutors urged for Dr. Kabins to remain on probation.
Now, Dr. Kabins is suing Kathleen Sebelius, secretary of the U.S. Department of Health and Human Services, claiming the ban violated his constitutional rights and is still destroying his medical livelihood.
Dr. Kabins' lawyer said Ms. Sebelius wrongly concluded that Dr. Kabins' conviction fell under the federal insurance probation. He also claims the probation has limited Dr. Kabins' practice at most hospitals and under commercial insurance plans due to his status as an excluded person.
Lawsuit Alleges Catholic Health Initiatives Performed Unnecessary Heart Procedures
Neurosurgeons Face Most Malpractice Suits, But Gynecologists Have Highest Payment Rate
Mark B. Kabins, MD, pleaded guilty in Nov. 2010 to one count of misprision of felony, which is defined as knowing another person committed a felony and not notifying the proper authorities, according to an earlier Las Vegas Sun report. He was sentenced to five years of probation and six months of home detention.
The probation was halted by a federal judge in September. The judge concluded that government claims "were not convincing or supported by evidence," according to the report, even though prosecutors urged for Dr. Kabins to remain on probation.
Now, Dr. Kabins is suing Kathleen Sebelius, secretary of the U.S. Department of Health and Human Services, claiming the ban violated his constitutional rights and is still destroying his medical livelihood.
Dr. Kabins' lawyer said Ms. Sebelius wrongly concluded that Dr. Kabins' conviction fell under the federal insurance probation. He also claims the probation has limited Dr. Kabins' practice at most hospitals and under commercial insurance plans due to his status as an excluded person.
Related Articles on Physicians and Lawsuits:
Indiana Hospital's President, Physician Owners Sued by Former OperatorLawsuit Alleges Catholic Health Initiatives Performed Unnecessary Heart Procedures
Neurosurgeons Face Most Malpractice Suits, But Gynecologists Have Highest Payment Rate