A Chicago physician Dr. Kenneth S. Nave associated
with Sacred Heart Hospital on the city’s west side was arrested on April 17,
2013 and is facing federal charges for allegedly illegally prescribing
hydrocodone to a hospital patient without having a valid license and
registration to prescribe controlled substances. Dr. Nave allegedly
illegally used the Drug Enforcement Administration registration number of
another physician when he prescribed the hydrocodone last December. There is no
allegation that the prescription was not medically necessary.
The public is reminded that a complaint is not
evidence of guilt. The defendant is presumed innocent and is entitled to
a fair trial at which the government has the burden of proving guilt beyond a
reasonable doubt.
According to the federal complaint against Dr.
Nave, the investigation has revealed that between at least November 2012 and
February 25, 2013, he issued approximately 101 prescriptions for controlled
substances to approximately 33 patients at Sacred Heart using the DEA
registration issued to another physician. It is specifically alleged that on
December 7, 2012, Dr. Nave allegedly prescribed a particular patient 90 pills
containing hydrocodone, a narcotic controlled substance, using this other
physician registration number.
The illegal prescription count carries a maximum
penalty of four years in prison and a $250,000 fine. If convicted, the
Court must impose a reasonable sentence under federal statutes and the advisory
United States Sentencing Guidelines.
Dr. Nave’s licensing status appears to have been a
role in this case according to the affidavit. Dr. Nave’s Illinois license to
practice medicine was suspended between 2002 and 2008. It was restored to
probationary status on Dec. 20, 2012, but his state license to prescribe
controlled substances was not restored until February 26, 2013, according to
the complaint affidavit. Separately, Nave was not registered with the DEA
to prescribe controlled substances but an application for DEA registration that
was submitted on March 6, 2013 is pending, the affidavit adds.
On April 18, 2013, the Illinois Department of
Financial and Professional Regulation issued an order suspending Nave’s license
to practice medicine.
This case is related to an investigation of Sacred
Heart Hospital overall. On April 16, 2013, the owner and chief executive
officer of Sacred Heart was arrested, along with the hospital’s chief financial
officer and four physicians affiliated with the hospital on federal charges alleging
a conspiracy to pay and receive kickbacks in exchange for referral of Medicare
and Medicaid patients to the hospital. Federal agents also executed
search and seizure warrants as part of an ongoing investigation of Medicare
fraud allegations involving medically unnecessary emergency room admissions and
in-patient tracheotomy procedures.
Any questions or comments should be directed
to Tracy Green, a very
experienced physican
attorney, white
collar criminal defense attorney and DEA
attorney at tgreen@greenassoc.com.
The firm focuses its
practice on the representation of licensed professionals, individuals and
businesses in civil, business, administrative and criminal proceedings. They
have a specialty in representing licensed health care providers in criminal matters in California and
throughout the country. You can contact Ms. Green
at 213-233-2260
