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Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices
lotter on DSK11XQN23PROD with NOTICES1

Prehearing Statement. Concurrent with this filing, counsel also filed the Governments Motion for Summary Disposition.
11. On May 30, 2019, Respondent filed an Unopposed Motion for Extension of Time to Submit Respondents Prehearing Statement and Respondents Response to the Governments Motion for Summary Disposition.
12. On May 31, 2019, the Court issued its Order Granting Respondents Unopposed Motion for Extension of Time until June 21, 2019 at 2:00 p.m.
EST.
13. Respondent is currently licensed by the Ohio Board of Nursing to practice as an Advanced Practice Registered Nurse APRN, license number APRN.CNP.021771. The Respondents Ohio APRN license includes the authority to prescribe.
14. Respondent is currently licensed by the Tennessee Board of Nursing to practice as an Advanced Practice Registered Nurse, license no. 19606.
Respondents Tennessee APRN license is currently on probation but is unrestricted.
15. At this time, Respondents DEA
Certificates of Registration in Ohio and Tennessee are active and he is authorized to prescribe controlled substances in Schedules II through V.
Findings of Fact The factual findings below are based on a preponderance of the evidence, including the detailed, credible, and competent testimony of the aforementioned witnesses, the exhibits entered into evidence, and the record before me.
1. Respondent is registered with the DEA as a MLP-nurse practitioner in Schedules II through V under DEA
Certificate of Registration MJ3401609 at 105 Vanner Rd., Mt. Juliet, TN 37122.
Respondent is also registered with the DEA under DEA Certificate of Registration MJ4509331 at 3909
Woodley Rd., Toledo, OH 43606, with a mailing address of 105 Vanner Rd., Mt.
Juliet, TN 37122. Stipulation Stip. l;
ALJ Ex. 13 at 10. Respondents registrations both expire by their terms on December 31, 2020. Id. Prior to the current action, Respondents DEA
Certificates of Registration have not been the subject of disciplinary or other adverse action by the DEA. Id.
2. On August 7, 2017, Respondent entered an Alford Plea of Guilty to a Felony to the offense of False Statement to Medicaid. Stip. 2; ALJ Ex.
13 at 10. On August 11, 2017, the Circuit Court of Fairfax County, Virginia, entered its sentencing Order
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for Respondents offense of False Statement for Payment F in violation of Va. Code Section 32.1314F
FRD3337F9. See Commonwealth of Virginia v. Keith Allen Jenkins, No. FE
20170000711 Fairfax Cty. Cir. Ct..
3. Based on Respondents conviction, the U.S. Department of Health and Human Services, Office of Inspector General HHS/OIG, by letter dated February 28, 2018, mandatorily excluded Respondent from participation in Medicare, Medicaid and all federal health care programs for a minimum period of five years pursuant to 42
U.S.C. 1320a7a, effective March 20, 2018. Stip. 3; ALJ Ex. 13 at 1011.
4. Reinstatement of eligibility to participate in Medicare, Medicaid and all federal health care programs after exclusion by HHS/OIG is not automatic.
Stip. 4; ALJ Ex. 13 at 11.
5. Respondent is currently excluded from participation in Medicare, Medicaid and all federal health care programs. Stip. 5; ALJ Ex. 13 at 11.
6. Restitution in the amount of $83,027.56 to the Medicaid program was ordered by the Court. Stip. 6; ALJ Ex.
13, at 11.
7. On April 23, 2019, the Assistant Administrator, Diversion Control Division, DEA issued an Order to Show Cause to Respondent, giving Respondent notice of an opportunity to show cause why the DEA should not revoke Respondents DEA Certificates of Registration Nos. MJ3401609
Tennessee and MJ4509331 Ohio, pursuant to 21 U.S.C. 824a5, and deny any pending applications as a practitioner for registration in Schedules II through V, alleging that Respondent has been excluded from participation in all federal health care programs as defined in 21 U.S.C. 824a5. Stip. 7;
ALJ Ex. 13 at 11.
8. On May 16, 2019, Respondent, through his legal counsel, filed a timely request for administrative hearing in the Matter of Keith A. Jenkins, N.P. Stip. 8;
ALJ Ex. 13 at 11.
9. On May 17, 2019, the Administrative Law Judge ALJ
assigned to this case issued the Courts Order for Prehearing Statements to the DEA and Respondent. Stip. 9; ALJ Ex.
13 at 11.
10. On May 29, 2019, counsel for the Government filed the Governments Prehearing Statement. Stip. 10; ALJ Ex.
13 at 11. Concurrent with this filing, counsel also filed the Governments Motion for Summary Disposition. Id.
11. Respondent is currently licensed by the Ohio Board of Nursing to practice as an Advanced Practice Nurse APRN, license number APRN.CNP.021771.
Stip. 13; ALJ Ex. 13 at 12.

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12. The Respondents Ohio APRN
license includes authority to prescribe.
Id.
13. Respondent is currently licensed by the Tennessee Board of Nursing to practice as an Advanced Practice Registered Nurse, license no. 19606.
Stip. 14; ALJ Ex. 13 at 12. Respondents Tennessee APRN license is currently on probation but is unrestricted. Id.
14. At this time, Respondents DEA
Certificates of Registration in Ohio and Tennessee are active and he is authorized to prescribe controlled substances in Schedules II through V.
Stip. 15; ALJ Ex. 13 at 12.
15. Respondent testified that he works at a bariatric clinic where he predominately treats morbid obesity and typically prescribes Phentermine and Qsymia to those patients. Tr. 29.
16. He also works at a primary behavioral health clinic where he treats depression, anxiety, schizophrenia, bipolar disorder, personality disorders, and substance abuse disorders and prescribes benzodiazepines such as Clonazepam and Alprazolam, as well as stimulants such as Ritalin and Adderall.
Id. at 30.
17. Respondent testified that at both the bariatric clinic and the behavioral health practice where he works, drug screens are performed to ensure that diversion doesnt occur. Id. at 32.
18. Respondent testified that although he holds two DEA Certificates of Registration, he does not use his registration for Ohio. Id. at 39.
19. Respondent testified that to remain current in his knowledge of, and obligations with respect to, controlled substances and prescribing he attends conferences and takes continuing education. Id. at 4142; RX 9; RX 11.
20. Respondent testified that from 2008 to 2015 he worked at Actera Home Health, which was a home health agency that provided skilled care, private duty and personal care. Tr. 45.
21. Respondent testified that he did not generally provide clinical support at Actera Home Health, nor did he write prescriptions there. Id.
22. Respondent testified that the mother of a child receiving services at Actera Home Health lodged a complaint against Actera Home Health. Id. at 46.
23. Respondent testified that the complaint was not substantiated. Id.
24. During investigation of the complaint by the state of Virginia a billing error was discovered for a different patient. Id. at 46, 71.
25. Respondent testified that the billing error was an overpayment of approximately $80,000. Id. at 48.
26. Respondent testified that the services billing checks-and-balance
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