CHARLESTON – A judge has granted a temporary restraining order and preliminary injunction in a lawsuit filed by a physician claiming the U.S. Department of Health and Human Services is attempting to revoke Medicare billing privileges.
District Judge Joseph Goodwin issued the TRO on July 7 in the U.S. District Court for the Southern District of West Virginia.
Dr. E. Michael Robie, who is represented by Don C. A. Parker of Spilman Thomas & Battle, filed his lawsuit May 31, against Dr. Thomas E. Price, the secretary of the U.S. Department of Health and Human Resources; and Palmetto GBA.
“Dr. Robie is encouraged by Judge Goodwin's ruling,” Parker said. “He hopes that this decision by the judge can lead to a cooperative resolution of this matter, and looks forward to engaging with HHS in a meaningful discussion of such a resolution.”
Robie claimed the defendants threatened to revoke his Medicare billing privileges and/or Medicare provider agreement, prior to the exhaustion of his statutorily-guaranteed administrative appeal rights.
The revocation rests solely upon an allegation of failure to provide certain medical records and does not implicate, let alone accuse, Robie of any personal wrong-doing or misconduct, according to the suit.
Robie claims he has fully complied with the request to provide medical records for certain patients. If his Medicare billing privileges are revoked, approximately 121 of his patients will suffer irreparable harm.
U.S. District Court for the Southern District of West Virginia case number: 2:17-cv-03089
