• Permanent Punishment for Conviction for One Ounce of Cocaine Improper

    Government Overreach and Abuse Reversed

    Post 4927

    Read the full article at https://www.linkedin.com/pulse/permanent-punishment-conviction-one-ounce-cocaine-zalma-esq-cfe-geq1c, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

    After Recovery From Cocaine Abuse Dr. Regained License to Practice CMS Refused to Allow Dr. White to Bill Medicare for Services

    Dr. Stephen White challenged two unfavorable decisions made by the Secretary for the United States Department of Health and Human Services (the “Secretary”) that denied and revoked his Medicare enrollment. The decisions, rendered by the Appellate Division of the Departmental Appeals Board (“Board”), were based on Dr. White’s 2010 guilty plea and deferred prosecution for possession of less than 1 gram of cocaine, which occurred in Texas in 2007.

    In Stephen White, M.D. v. Xavier Becerra, Secretary for the United States Department of Health and Human Services, No. 2:19-CV-00037-SAB, United States District Court, E.D. Washington (October 28, 2024) the USDC applied entered a judgment reversing the decision of the Secretary [42 U.S.C. § 405(g).]

    SUMMARY JUDGMENT

    Summary judgment is appropriate if the movant shows that there is no genuine dispute as to any material fact.

    BACKGROUND

    Dr. White is an orthopedic surgeon. In 2006 and 2007, he was arrested and charged with possession of cocaine in Texas. He was able to rehab and become clean of his problem with the drug. The Texas Medical Board revoked his license, but then monitored his recovery and compliance and allowed him to practice again.

    Dr. White had no violations for nine years following his arrest. He is currently practicing medicine in Washington state and is an enrolled Medicare supplier.

    The Administrative Law Judge (ALJ) sustained the denial, finding that CMS had a legitimate basis because Dr. White was convicted of a felony offense. The Board affirmed the ALJ’s decision and Dr. White appealed that decision to the USDC.

    OVERVIEW OF MEDICARE PROGRAM

    The Medicare program provides health insurance benefits to people sixty-five years old or older and to eligible disabled persons. Suppliers, such as Dr. White, must be enrolled in the Medicare program and be granted billing privileges to be eligible to receive payment for care and services rendered to a Medicare-eligible beneficiary.

    DENIALS

    CMS may deny a supplier’s enrollment for any reason stated in federal statutes that allow that CMS may deny a provider’s or supplier’s enrollment in the Medicare program for the some of the following reasons: Felonies such as insurance fraud and similar crimes.

    REVOCATIONS

    The ALJ found CMS had a legitimate basis because White was convicted of a felony offense that CMS determined to be detrimental to the bests interest of the Medicare program and its beneficiaries.

    Dr. White’s presented equitable arguments to the ALJ that

    1 he self-reported and was not practicing;
    2 using his self-report to deny would encourage other physicians to not self-report,
    3 he has fully complied with the terms of the modified license, and
    eventually he was allowed to practice medicine without limitations.

    The Board affirmed the ALJ’s decision, upholding CMS’ denial of Dr. White’s Medicare enrollment and rejected Dr. White’s argument that the timing of the revocation action by CMS was clearly retaliatory and intended to apply pressure on Dr. White for additional monetary penalties.

    ANALYSIS

    The USDC found CMS’ decisions to deny Dr. White enrollment in Medicare and revoke his privileges, and the subsequent Board’s affirmations were arbitrary and capricious and not supported substantial evidence.

    CMS did not have a legitimate reason to deny enrollment or revoke because the record does not support CMS’ assertions that Dr. White’s 2010 conviction for simple possession of a small amount of cocaine was detrimental to the best interest of the Medicare program and its beneficiaries. The USDC understood the deference it owed to administrative agencies as they adjudicate numerous complex cases before them. Yet, a court may not simply act as a rubber stamp for agency decisions.

    Because CMS failed to provide a reasonable basis for denying Dr. White his enrollment in Medicare or revoking his Medicare privileges, the decision of the Secretary is reversed.

    ZALMA OPINION

    A doctor should never get involved or addicted to illegal substances like Cocaine. The Fact that a doctor self reports his involvement with the drug, was rehabilitated, clean for nine years, and practices medicine legally, does not pose a danger to Medicare as do those doctors who are arrested every year for fraud. The decision of Becerra, the ALJ and the Board was clearly retaliatory and abusive and the USDC had no choice but to reverse the Board and let the doctor continue to practice medicine and charge Medicare for his services. Overreach by the administrative agency was stopped by the court.

    (c) 2024 Barry Zalma & ClaimSchool, Inc.

    Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

    Subscribe to my substack at https://barryzalma.substack.com/subscribe

    Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg

    Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    Permanent Punishment for Conviction for One Ounce of Cocaine Improper Government Overreach and Abuse Reversed Post 4927 Read the full article at https://www.linkedin.com/pulse/permanent-punishment-conviction-one-ounce-cocaine-zalma-esq-cfe-geq1c, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. After Recovery From Cocaine Abuse Dr. Regained License to Practice CMS Refused to Allow Dr. White to Bill Medicare for Services Dr. Stephen White challenged two unfavorable decisions made by the Secretary for the United States Department of Health and Human Services (the “Secretary”) that denied and revoked his Medicare enrollment. The decisions, rendered by the Appellate Division of the Departmental Appeals Board (“Board”), were based on Dr. White’s 2010 guilty plea and deferred prosecution for possession of less than 1 gram of cocaine, which occurred in Texas in 2007. In Stephen White, M.D. v. Xavier Becerra, Secretary for the United States Department of Health and Human Services, No. 2:19-CV-00037-SAB, United States District Court, E.D. Washington (October 28, 2024) the USDC applied entered a judgment reversing the decision of the Secretary [42 U.S.C. § 405(g).] SUMMARY JUDGMENT Summary judgment is appropriate if the movant shows that there is no genuine dispute as to any material fact. BACKGROUND Dr. White is an orthopedic surgeon. In 2006 and 2007, he was arrested and charged with possession of cocaine in Texas. He was able to rehab and become clean of his problem with the drug. The Texas Medical Board revoked his license, but then monitored his recovery and compliance and allowed him to practice again. Dr. White had no violations for nine years following his arrest. He is currently practicing medicine in Washington state and is an enrolled Medicare supplier. The Administrative Law Judge (ALJ) sustained the denial, finding that CMS had a legitimate basis because Dr. White was convicted of a felony offense. The Board affirmed the ALJ’s decision and Dr. White appealed that decision to the USDC. OVERVIEW OF MEDICARE PROGRAM The Medicare program provides health insurance benefits to people sixty-five years old or older and to eligible disabled persons. Suppliers, such as Dr. White, must be enrolled in the Medicare program and be granted billing privileges to be eligible to receive payment for care and services rendered to a Medicare-eligible beneficiary. DENIALS CMS may deny a supplier’s enrollment for any reason stated in federal statutes that allow that CMS may deny a provider’s or supplier’s enrollment in the Medicare program for the some of the following reasons: Felonies such as insurance fraud and similar crimes. REVOCATIONS The ALJ found CMS had a legitimate basis because White was convicted of a felony offense that CMS determined to be detrimental to the bests interest of the Medicare program and its beneficiaries. Dr. White’s presented equitable arguments to the ALJ that 1 he self-reported and was not practicing; 2 using his self-report to deny would encourage other physicians to not self-report, 3 he has fully complied with the terms of the modified license, and eventually he was allowed to practice medicine without limitations. The Board affirmed the ALJ’s decision, upholding CMS’ denial of Dr. White’s Medicare enrollment and rejected Dr. White’s argument that the timing of the revocation action by CMS was clearly retaliatory and intended to apply pressure on Dr. White for additional monetary penalties. ANALYSIS The USDC found CMS’ decisions to deny Dr. White enrollment in Medicare and revoke his privileges, and the subsequent Board’s affirmations were arbitrary and capricious and not supported substantial evidence. CMS did not have a legitimate reason to deny enrollment or revoke because the record does not support CMS’ assertions that Dr. White’s 2010 conviction for simple possession of a small amount of cocaine was detrimental to the best interest of the Medicare program and its beneficiaries. The USDC understood the deference it owed to administrative agencies as they adjudicate numerous complex cases before them. Yet, a court may not simply act as a rubber stamp for agency decisions. Because CMS failed to provide a reasonable basis for denying Dr. White his enrollment in Medicare or revoking his Medicare privileges, the decision of the Secretary is reversed. ZALMA OPINION A doctor should never get involved or addicted to illegal substances like Cocaine. The Fact that a doctor self reports his involvement with the drug, was rehabilitated, clean for nine years, and practices medicine legally, does not pose a danger to Medicare as do those doctors who are arrested every year for fraud. The decision of Becerra, the ALJ and the Board was clearly retaliatory and abusive and the USDC had no choice but to reverse the Board and let the doctor continue to practice medicine and charge Medicare for his services. Overreach by the administrative agency was stopped by the court. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk
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  • WE ALL KNOW THAT THE 2020 ELECTIONS WERE NOT ONLY RIGGED", BUT, OUTRIGHT STOLEN, AND RUBBER STAMPED!!!!!!
    => HANG MIKE PENCE FIRST!!!!!!!!....

    https://media.gab.com/cdn-cgi/image/width=568,quality=100,fit=scale-down/system/media_attachments/files/167/791/118/original/1aeb5c97dac6e737.png
    WE ALL KNOW THAT THE 2020 ELECTIONS WERE NOT ONLY RIGGED", BUT, OUTRIGHT STOLEN, AND RUBBER STAMPED!!!!!! => HANG MIKE PENCE FIRST!!!!!!!!.... 💩💥 https://media.gab.com/cdn-cgi/image/width=568,quality=100,fit=scale-down/system/media_attachments/files/167/791/118/original/1aeb5c97dac6e737.png
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  • Rollout of new COVID vaccines marks a questionable path forward!
    As the new and supposedly improved COVID vaccines roll out across Canada this week, with Health Canada rubberstamping more novel, modified RNA allegedly variant-targeting injections, here’s what Canadians need to know.
    #NoMoreLiberalsAndNDP
    #SayingTheQuietPartOutLoud
    #resigntrudeau
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    https://www.rebelnews.com/rollout_of_new_covid_vaccines_marks_a_questionable_path_forward
    Rollout of new COVID vaccines marks a questionable path forward! As the new and supposedly improved COVID vaccines roll out across Canada this week, with Health Canada rubberstamping more novel, modified RNA allegedly variant-targeting injections, here’s what Canadians need to know. 🇨🇦 #NoMoreLiberalsAndNDP 🇨🇦 🇨🇦 #SayingTheQuietPartOutLoud 🇨🇦 🇨🇦 #resigntrudeau 🇨🇦 🇨🇦 #JustSayNoMore 🇨🇦 https://www.rebelnews.com/rollout_of_new_covid_vaccines_marks_a_questionable_path_forward
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    Rollout of new COVID vaccines marks a questionable path forward
    This week, Canada begins the rollout of new COVID-19 vaccines, touted as modified RNA injections targeting specific variants.
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  • Rollout of new COVID vaccines marks a questionable path forward!
    As the new and supposedly improved COVID vaccines roll out across Canada this week, with Health Canada rubberstamping more novel, modified RNA allegedly variant-targeting injections, here’s what Canadians need to know.
    #NoMoreLiberalsAndNDP
    #SayingTheQuietPartOutLoud
    #resigntrudeau
    #JustSayNoMore
    https://www.rebelnews.com/rollout_of_new_covid_vaccines_marks_a_questionable_path_forward
    Rollout of new COVID vaccines marks a questionable path forward! As the new and supposedly improved COVID vaccines roll out across Canada this week, with Health Canada rubberstamping more novel, modified RNA allegedly variant-targeting injections, here’s what Canadians need to know. 🇨🇦 #NoMoreLiberalsAndNDP 🇨🇦 🇨🇦 #SayingTheQuietPartOutLoud 🇨🇦 🇨🇦 #resigntrudeau 🇨🇦 🇨🇦 #JustSayNoMore 🇨🇦 https://www.rebelnews.com/rollout_of_new_covid_vaccines_marks_a_questionable_path_forward
    WWW.REBELNEWS.COM
    Rollout of new COVID vaccines marks a questionable path forward
    This week, Canada begins the rollout of new COVID-19 vaccines, touted as modified RNA injections targeting specific variants.
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  • CANADIAN KIDS ARE DYING FROM THE COVID-19 SHOTS

    I want EVERYONE to comprehend that #Police are FULLY AWARE OF THIS #Genocide!

    They continue writing traffic tickets....
    But not a SINGLE ARREST FOR MASS MURDER!

    So what good are they?
    Police supposedly EXIST to arrest actual #Criminals (Like those committing genocide)

    But in truth, once the rubber meets the road....
    EVERYONE CAN SEE THAT IN REALITY....
    Police EXIST to protect these criminals from YOU!

    Police are PAID BY and CONTROLLED BY the same people trying to murder you right now! So I would certainly NOT hold my breathe for Police to ever "Do their job"
    Because it's clear to see.... THEY WON'T!

    I used to support the CSPOA Sheriffs....
    But Sheriffs are no better!

    Every Sheriff in America signed a letter urging #Congress to
    NOT STOP CIVIL ASSET FORFEITURE! (The THEFT of innocent American's property)

    You must understand that these people work for a #Corporation!
    Their motive is PROFIT, and they don't care HOW MANY AMERICANS MUST DIE, OR BE ROBBED TO ACHIEVE THAT PROFIT!

    The entire system is a Satanic one....
    and participating in it is Satanic as well!

    https://old.bitchute.com/video/dGG3QDUUeYLf/
    CANADIAN KIDS ARE DYING FROM THE COVID-19 SHOTS I want EVERYONE to comprehend that #Police are FULLY AWARE OF THIS #Genocide! They continue writing traffic tickets.... But not a SINGLE ARREST FOR MASS MURDER! So what good are they? Police supposedly EXIST to arrest actual #Criminals (Like those committing genocide) But in truth, once the rubber meets the road.... EVERYONE CAN SEE THAT IN REALITY.... Police EXIST to protect these criminals from YOU! Police are PAID BY and CONTROLLED BY the same people trying to murder you right now! So I would certainly NOT hold my breathe for Police to ever "Do their job" Because it's clear to see.... THEY WON'T! I used to support the CSPOA Sheriffs.... But Sheriffs are no better! Every Sheriff in America signed a letter urging #Congress to NOT STOP CIVIL ASSET FORFEITURE! (The THEFT of innocent American's property) You must understand that these people work for a #Corporation! Their motive is PROFIT, and they don't care HOW MANY AMERICANS MUST DIE, OR BE ROBBED TO ACHIEVE THAT PROFIT! The entire system is a Satanic one.... and participating in it is Satanic as well! https://old.bitchute.com/video/dGG3QDUUeYLf/
    OLD.BITCHUTE.COM
    Canadian Kids Are Dying From the COVID-19 Shots
    Dr. William Makis: "Cold hard reality is that hundreds of Canadian children have died after taking Pfizer or Moderna Covid-19 vaccines. Now the public doesn't know this, because it's basically being covered up by basically everybody. Kids are dying.…
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  • More ‘rubbery’ fruit. (56 seconds)
    https://t.me/davidavocadowolfe/132114
    More ‘rubbery’ fruit. (56 seconds) https://t.me/davidavocadowolfe/132114
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    1
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  • ‘Rubbery’ Watermelon. (22 seconds)
    https://t.me/davidavocadowolfe/132113

    Bought one, was gross, didn't taste or smell like watermelon.
    ‘Rubbery’ Watermelon. (22 seconds) https://t.me/davidavocadowolfe/132113 Bought one, was gross, didn't taste or smell like watermelon.
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    1
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  • https://www.infowars.com/posts/video-bill-gates-apeel-treatment-turns-fruit-into-rubber-zombies/
    https://www.infowars.com/posts/video-bill-gates-apeel-treatment-turns-fruit-into-rubber-zombies/
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  • VIDEO: BILL GATES' APEEL TREATMENT TURNS FRUIT INTO RUBBER ZOMBIES

    https://www.bitchute.com/video/yVKx9DfxrSRn/
    VIDEO: BILL GATES' APEEL TREATMENT TURNS FRUIT INTO RUBBER ZOMBIES https://www.bitchute.com/video/yVKx9DfxrSRn/
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  • It was a mistake to be putting on rubber gloves in the middle of that situation.

    The US has cancer and so does most of the West now thanks to the globalists. Nut is there a solution?

    https://conservativeus.com/video-minneapolis-cop-stops-to-help-a-muslim-man-who-was-shot-then-the-victim-does-the-unthinkable/
    It was a mistake to be putting on rubber gloves in the middle of that situation. The US has cancer and so does most of the West now thanks to the globalists. Nut is there a solution? https://conservativeus.com/video-minneapolis-cop-stops-to-help-a-muslim-man-who-was-shot-then-the-victim-does-the-unthinkable/
    CONSERVATIVEUS.COM
    Video: Minneapolis Cop Stops to Help a Muslim Man Who Was Shot, Then the Victim Flips Over and Does the Unthinkable - Conservative US
    A tragic incident unfolded on May 30 near the intersection of 22nd Street and Blaisdell Avenue in Minneapolis, where Officer
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