Opinion
November 13, 1995
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
The respondents proffered substantial evidence that the petitioner, a physician and a duly enrolled Medicaid provider, on numerous occasions engaged in unacceptable billing practices by submitting false claims, failing to maintain adequate records, providing care and services that were not medically necessary, and failing to meet professionally recognized standards. Accordingly, the respondents' determination that the petitioner failed to meet professionally recognized standards for health care in violation of 18 N.Y.CRR part 515, must be confirmed (see, Matter of Hunter v New York City Bd. of Educ., 190 A.D.2d 851).
Moreover, the sanction imposed is consistent with the proper guidelines (see, 18 NYCRR 515.4), and is not so disproportionate to the nature of the offenses as to be shocking to one's sense of fairness (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222; Matter of Constant v New York State Dept. of Social Servs., 215 A.D.2d 555; Matter of Ghosal v Bane, 204 A.D.2d 215).
We have reviewed the petitioner's remaining contention and find it to be without merit. Sullivan, J.P., Altman, Hart and Friedmann, JJ., concur.