Overcharging Medicaid for government-determined "unnecessary" procedures is a lot different than falsifying research papers. He was charged with things like using a throat swab test for people with sore throats. From the document:
https://apps.health.ny.gov/pubdoh/professionals/doctors/conduct/factions/FileDownloadAction.action?finalActionId=515&fileName=lc151279.pdf&fileSeqNum=1
'one of the charges indicated that his use of a throat swab for a patient with a sore throat was excessive. He asked the
Committee, “What’s wrong with that?”'
Aside from a penny pinching government who thinks sick people shouldn't be tested, what is wrong with that exactly? If I went to the doctor for a sore throat I would expect my doctor to perform a test. If this is the level of fraud he is charged with, we can assume that the other charges of unspecified "fraud" and "negligence" and "misconduct" in this document are of a similar nature. This is one of the only specified examples of his fraud in this document, and it's laughable. Other than this specific example the document generalizes it as $2,000 worth of fraud or $85,000 worth of fraud. Why not specify the worst example rather than the most laughable one? The example undermines the rest.
The document says that he wasn't performing the procedures he was supposed to perform. From the example we got, and considering the nature of Medicaid, this must mean he was giving better version of treatment and procedures to his patients than the government wanted him to give. Many complex procedures and courses of treatment can be turned into "fraud" if the charge code procedure as written in the "give them subpar" Medicaid billing reference manual isn't exactly the same to the letter as the version of the procedure the doctor performed.
The ludicrous example they gave in the document shows that they had it out for him for some reason. It is also plain that he was begging for forgiveness and accepting fault in the document with a proverbial gun to his head.
You did read it, right?
HE, Broxmeyer, brought it up, not the committee. As such, it was written. So the accused brought up the most ludicrous, not the worst.
And then said he didn't really contest it much since afterwards, he got hit with a bunch of other charges.
You also assume 1 swab was done and that was excessive.
But if he did 2 swabs every day for 10 days straight... That could be excessive. Especially if we sent those in for testing since, ya know, there's no point on using a throat swab if you aren't collecting a culture. Right?