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Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices health service involved squaring the care-giver service reports with the billing. Id. at 49, 72. If the caregiver reported a cessation of care or change in care, the billing would be ceased or adjusted to reflect that. Id. at 7879.
However, in this case, the grandmother/
custodian refused to allow care-givers to provide any care at all. As there were no care-giver reports generated, the billing to Medicaid continued automatically.
There were no care-giver reports to prompt the review of that patients billing to Medicaid, so the audit safeguards never caught the error. Id. at 49, 7476, 78. The overpayment from Medicaid was approximately $80,000.
Id. at 48. When the audit revealed this overpayment, Medicaid audited every patient the service billed Medicaid. No other discrepancies were discovered. Id.
at 53, 78.
The Respondent entered an Alford plea of guilty to false statement to Medicaid. Id. at 50, 52. The Respondent understood at the time of his plea that, as Administrator of the home health service, he was responsible for the improper claims to Medicaid, despite that he did not personally enter the claims. Id. at 50, 69. His sentence was three years suspended, three years inactive probation, and $83,027.56 in restitution. Id. at 5152, 63. I asked the Respondent if he realized, at the time he plead guilty, the criminal offense of false statement to Medicaid required the intent of intentional or willful. The Respondent reported that his criminal attorney handled the plea negotiation and recommended the Respondent view the guilty plea as a business decision.
Id. at 6869. Respondent stated, Since they never got a record on him, it never got caught. In hindsight, it was a huge gap on our end or my end, really, that let that slip through. Id. at 49. His attorney asked, So whose fault was it?
Id. Well, mine. Id.
Conceding the Government proved its prima facie case, the Respondent argued that he should be permitted to keep his CORs. Id. at 57. He explained that the incident that gave rise to the felony conviction and the resultant HHS
exclusion was an isolated incident, it wasnt intentional but he does realize that in his acting role as administrator, ultimately, it is his responsibility. Id.
at 58, 67. The Respondent did not have clinical duties at the service. He did not supervise the line care providers. They were supervised by the nursing director.
Id. at 7778. Although he had access to the billing records in the form of an electronic report, his duties did not include reviewing the accuracy of the billing report. Id. at 78. The accuracy of the billing was insured by periodic
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audits, which failed them in this case.
Id. The Respondent did not benefit from the overpayment,B other than his salary.
For his Tennessee APRN, a physician supervisor is required. Id. at 59. The Respondent has a physician supervisor at each clinic where he works. Id. at 63
64. Although supervision is required once a month, he works closely with his physician supervisor and sees him weekly. The supervisor critically reviews patient charts and must sign off on each controlled substance prescription. Id. at 59. The Respondent reported that his supervisors have yet to reject any of the Respondents prescriptions. Id. at 65.
The Respondent reported that he has not used his Ohio nursing license. He has not worked in Ohio. Id. at 66.
The Respondent stated he remains fully compliant with state and federal controlled substance laws and regulations. Id. at 61. The Respondent noted he was an infrequent prescriber of controlled substances. Id. The Respondent believed it is in the public interest for him to retain his registrations.
The Facts Stipulations of Fact The Government and the Respondent have agreed to each of the following stipulations, which I recommend be accepted as fact in these proceedings:
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. Respondents registrations both expire by their terms on December 31, 2020. Prior to the current action, Respondents DEA
Certificates of Registration have not been the subject to disciplinary or other adverse action by the DEA.
2. From 2006 to 2013, Respondent worked in an administrative, nonclinical, capacity for a Virginia-based home health agency. While employed at the home health agency, the agency was audited by state Medicaid authorities and Respondents role in the billing of claims for a specific patient were investigated by the state. On August 7, 2017, Respondent entered an Alford Plea of Guilty to a Felony to the offense B This fact seems to be reasonably inferred from the record. The clinic paid restitution immediately once it was identified. Tr. 52.

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of False Statement to Medicaid. On August 11, 2017, the Circuit Court of Fairfax County, Virginia, entered its sentencing Order for Respondents offense of False Statement of PaymentF in violation of Va. Code Section 32.1314F FRD3337F9.
Commonwealth of Virginia v. Keith Allen Jenkins, No. FE20170000711
Fairfax Cty. Cir. Ct.. Mr. Jenkins was sentenced to 3 years w/all 3 years suspended. Furthermore, the Court Ordered that all 3 years were subject to inactive probation. Simply put, Mr.
Jenkins was not incarcerated, nor is he required to report to a Probation Officer during the period of his 3-year suspended sentence.
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.
4. Reinstatement of eligibility to participate in Medicare, Medicaid and all federal health care programs after exclusion by HHS/OIG is not automatic.
5. Respondent is currently excluded from participation in Medicare, Medicaid and all federal health care programs.
6. Restitution in the amount of $83,027.56 to the Medicaid program was ordered by the Court. The restitution was paid in full by the time of Respondents Alford Plea filing.
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.
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.
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.
10. On May 29, 2019, counsel for the Government filed the Governments
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