Disciplinary Actions against Parveen Malik, M.D.

Stephen Barrett, M.D.


In February 2011, the Michigan Board of Medicine fined Parveen A. Malik, M.D., $2,500 and placed her on probation for three years. The board's action was triggered by her entry into a Pretrial Diversion in order to avoid prosecution for health care fraud. As noted in the administrative complaint (shown below):

In response to Michigan's action, the Iowa Board of Medicine fined her $10,000 and placed her license on indefinite suspension and the Florida Medical Board fined her $3,000 and placed her on probation for two years, during which she is not allowed to administer B12 injections or chelation therapy without a medically supported need for these treatment. If you have been treated by Dr. Malik or by any other doctor who has tried to get an insurance program to pay for inappropriate chelation therapy, please contact me.


THE STATE OF MICHIGAN
DEPARTMENT OF COMMUNITY HEALTH
BUREAU OF HEALTH PROFESSIONS
BOARD OF MEDICINE
DISCIPLINARY SUBCOMMITTEE

In the Matter of
PARVEEN AKHTER MALIK, M.D.
License No. 43-01-065126

Complaint No. 43-10-116627

 

ADMINISTRATIVE COMPLAINT

Attorney General Michael A. Cox, through Assistant Attorney General Debbie K. Taylor, on behalf of the Department of Community Health, Bureau of Health Professions (Complainant), files this complaint against Parvcen Akhter Malik, M.D. (Respondent), alleging upon information and belief as follows:

1. The Board of Medicine (Board) is an administrative agency established by the Public Heath Code (Code), 1978 PA 368, as amended, MCL 333.1101 et seq, and is empowered to discipline licensees under the Code through its Disciplinary Subcommittee (DSC).

2. Respondent is licensed to practice medicine in the State of Michigan and at all times relevant hereto, was practicing in Wayne County, Michigan.

ARTICLE 15: OCCUPATIONAL PROVISIONS

3. Section 16221(b)(vi) of the Code authorizes the DSC to take disciplinary action against Respondent for a lack of good moral character. Good moral character is defined at section 1 of 1974 PA 381, as amended; MCL338.41 et seq, as "the propensity on the part of the person to serve the public in the licensed area in a fair, honest, and open manner."

4. Section 16221(d)(iii) of the Code authorizes the DSC to take disciplinary action against Respondent for unethical business practices, including fraud or deceit in obtaining or attempting to obtain third party reimbursement.

5. Section 16221(e)(i) of the Code authorizes the DSC to take disciplinary action against Respondent for unprofessional conduct, including misrepresentation in obtaining or attempting to obtain third party reimbursement in the course of professional practice.

6. On or about January 22, 2008, an investigation report was filed with the State of Michigan Department of Community Health authored by Roger E. Ramierez, Field Investigator for Blue Cross/Blue Shield of Michigan alleging that Respondent committed Health Care Fraud in violation of 18 U.S.C. Section 1347.

6. The Bay City Federal Bureau of Investigation requested assistance from Blue Cross Blue Shield of Michigan with their investigation of Dr. Malik. According to the FBI, Dr. Malik had been billing for intravenous infusion associated with Chelation Therapy from 2001 through 2006. Since Medicare and most private insurance did not pay for Chelation Therapy, Dr. Malik was billing Chelation Therapy under diagnosis codes that applied to other therapies. Through its investigation, Blue Cross Blue Shield of Michigan found that Dr. Malik was responsible for 99% of the Chelation Therapy billing in Michigan.

8. The investigation revealed that Dr. Malik billed for services she rendered to herself, her husband and children under her husband's Blue Cross Blue Shield of Michigan contract. Additionally, Dr. Malik was also paid under Blue Cross Blue Shield of Michigan contract for Mukhtar A. Malik for services rendered to Mukhtar, his spouse, Fouzi Malik, and two of their children, Irfan Malik and Osman Malik. The relationship between Dr. Malik and Mukhtar A. Malik is unknown at this time.

9. Dr. Malik was billing these services under billing codes 90780, 90781, J7030, J7040, J7050, J70501, J7060, J7070, J0600, J3420, 99203, 99204, 99211, 99212, 99213, and 99214. Moreover, Dr. Malik also submitted billings for several other patients for services under diagnosis codes 961.2 (heavy metal anti-infectives) and 961.1 (poisoning by arsenical anti­infectives).

10. Dr. Malik received $174,488.23 from Blue Cross Blue Shield of Michigan for the procedure codes outlined above.

11. On March 26, 2010 Respondent entered into an agreement for Pretrial Diversion with the U.S. Attorney for the Eastern District of Michigan, whereby the prosecution of Health Care Fraud against Respondent would be deferred for a period of 18 months provided certain conditions were met. Those conditions included but were not limited to restitution of $889,798.79 to Medicare and $174,488.23 to Blue Cross Blue Shield.

COUNT I

12. Respondent's conduct as described above constitutes a lack of good moral character in violations of Section 16221(b)(vi) of the Code.

COUNT II

13. Respondent's conduct as described above constitutes unethical business practices, including fraud or deceit in obtaining or attempting to obtain third party reimbursement, in violation of Section 16221(d)(iii) of the Code.

COUNT III

14. Respondent's conduct as described above constitutes unprofessional conduct, including fraud or deceit in obtaining or attempting to obtain third party reimbursement in the course of a professional practice, in violation of Section 16221(e)(i).

RELIEF REQUESTED

WHEREFORE, Complainant requests that this Administrative Complaint be served upon Respondent and that Respondent be offered an opportunity to show compliance with all lawful requirements for retention of her medical license. If compliance is not shown, Complainant may further request that formal proceedings be commenced pursuant to the Public Health Code, rules promulgated pursuant to it, and the Administrative Procedures Act of 1969, 1969 PA 306, as amended; MCL 24.201 et seq.

RESPONDENT IS HEREBY NOTIFIED that, pursuant to Section 16231(7) of the Public Health Code, she has 30 days from receipt of the Administrative Complaint to submit a written response to the allegations contained in it. The written response shall be submitted to the Bureau of Health Professions, Department of Community Health, P.O. Box 30670, Lansing, Michigan 48909, with a copy to the undersigned Assistant Attorney General. Further, pursuant to Section 16231 (8) of the Public Health Code, failure to submit a written response within 30 days shall be treated as an admission of the allegations contained in the Administrative Complaint and shall result in transmittal of the Administrative Complaint directly to the Board's Disciplinary Subcommittee for imposition of an appropriate sanction.

MICHAEL A. COX
Attorney General  

_________________________
DEBBIE K. TAYLOR (PS9382)
Assistant Attorney General
Licensing & Regulation Division
3030 W. Grand Blvd., 10th Floor
Cadillac Place
Detroit, MI 48202
Telephone: (313) 456-0063
Fax (313) 456-0041

Dated; December 10, 2010

This page was posted on September 10, 2013.

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