A federal judge denied a Carbondale physician's attempt to be able to bill Medicare again to treat patients after the government revoked his eligibility following his guilty plea to a felony.
On Tuesday, Senior U.S. District Judge James M. Munley threw out Dr. Gregory Salko's lawsuit against the secretary of the U.S. Department of Health and Human Services, Kathleen Sebelius.
In his lawsuit, Dr. Salko challenged the department's decision to exclude him from participating in federal health care programs, namely being able to bill the government to treat Medicare patients.
Dr. Salko was indicted in 2007 on charges accusing him of failing to diagnose breast cancer in two patients. One of the patients died after the cancer spread, while the second patient survived.
Federal prosecutors dropped many of the charges, and Dr. Salko pleaded guilty to submitting false information on a medical examination report on one of the two patients, who was a Medicare participant. He also admitted to illegally obtaining one of the patient's medical records from what was then called Community Medical Center after she died.
The U.S. Department of Health and Human Services revoked his ability to participate in the Medicare program because of the plea. Dr. Salko sued and appealed to the district court to vacate the government's decision.
His suit contended the plea was not tied to the illicit use of Medicare funds.
In the 18-page opinion and order, Judge Munley wrote that the Social Security Act mandates the exclusion "of anyone" from participating in Medicare or Medicaid if they are convicted of an offense related to the delivery of an item or service under the federal health programs.
"We find no merit to plaintiff's appeal," the judge wrote. "We find that the statute is unambiguous."
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