The Boston Globe
State revokes 3 doctors’ licenses in fraud convictions
By Alison Bass, Globe Staff
December 20, 1992

The state medical board has revoked the medical licenses of three Massachusetts physicians who had been convicted of separately filing fraudulent Medicaid claims for services totaling tens of thousands of dollars.

Alexander Fleming, executive director of the Board of Registration in Medicine, said these license revocations should send a strong message to other physicians that Medicaid fraud or any kind of criminal conviction will not be tolerated by the state regulatory agency.

According to information released yesterday, the board, at its Wednesday meeting, revoked the licenses of:

– Dr. Richard Payne, a psychiatrist with a private practice in Brockton. Payne received the maximum penalty the board can impose: a revocation of his license for five years, after which he can petition for reinstatement.

– Dr. Benjamin Weinberg, a family practitioner in Dudley. Weinberg’s license was revoked for one year after which he can petition for reinstatement.

– Dr. Paul D. Weinstein, a general practitioner in Lawrence. Weinstein’s license was revoked for two years after which he can petition for reinstatement.
The board’s action against Payne came 20 months after he had been convicted in Suffolk Superior Court of filing false Medicaid claims. Payne was sentenced to one year in the Suffolk County House of Correction, but the sentence was stayed until all appeals have been exhausted. He was also ordered to repay the commonwealth $ 40,000 in fraudulent reimbursements.

Paul T. Prew, Payne’s attorney, said the board’s action against his client was both unfair and inconsistent.

“We just read about a physician – Dr. Richard Shader – who admits to sexually molesting a patient and his license is not revoked, and yet the license of Dr. Payne, who admits to a billing error, is revoked,” Prew said. “One of the hallmarks of justice is consistency, but where’s the consistency here?”

The board two weeks ago issued a stayed suspension of Shader’s license, putting him on probation for two years for having sex with a patient in the mid-1970s. Shader, who is chief of psychopharmacology at Tufts-New England Medical Center, admitted having sex with the patient, but said she had consented.

Weinberg was also convicted of Medicaid fraud in the spring of 1991 in Suffolk Superior Court; he was placed on probation for three years. According to board documents, Weinberg had apparently billed the Medicaid program for more sophisticated audiology tests than he actually performed. He repaid the state $ 30,000, which was the full amount of money he received from the false Medicaid claims.

According to board documents, Weinberg had been addicted to an anxiety-reducing drug (Serax) and was also abusing alcohol during the time he filed the false claims. According to board documents, the 44-year-old internist was successfully treated for his substance abuse, and had voluntarily suspended his practice during the time he was being treated.

Given these circumstances, the board decided to impose a lighter penalty on Weinberg than on the other two physicians. Even so, his attorney, Michael Blau, said the one-year license revocation was “unnecessarily severe.”

“This is a terrible setback for someone who has rebuilt his life and is fully recovered,” Blau said. For the past two years, “he’s been working in the community as a detox counselor voluntarily – for no fee. This is not someone who is a danger to the public.”

Weinstein, who had opened a general practice in Lawrence, was convicted of Medicaid fraud in October. He was sentenced to two years in prison, with one year to be served and the remaining year to be suspended while he is on probation for five years. Fleming said he did not know how much money Weinstein was charged with defrauding the government of.

Fleming also said he did not know why it took the board almost two years to act against both Weinberg and Payne once they had been convicted of fraud in criminal court.