Disciplinary Action against
Nasser Ordoubadi, M.D. (2001)


In 1999, several insurance plans in the State of Washington terminated Nasser Ordoubadi, M.D., for fraud, and shortly afterward the federal government indicted him. After he pled guilty to charges of conspiracy to commit mail fraud and health care fraud, he was fined $400,000 and sentenced to 35 months in prison (to be followed by 3 years of supervised release), and his license to practice medicine in the State of Washington was revoked for a minimum of five years. In 2004, he resurfaced as "Dr. Noah McKay," CEO/Founder of the Quantum Healing Medical Center ("Q Health Resort"), which appears to be an elaborate plan rather than an actual facility.


STATE OF WASHINGTON
DEPARTMENT OF HEALTH
MEDICAL QUALITY ASSURANCE COMMISSION

In the Matter of the License to Practice
as a Physician and Surgeon of:

NASSER ORDOUBADI, MD
License No. MD00022513

Respondent


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Docket No. 98-07-A-1054MD

STIPULATED FINDINGS OF FACT,
CONCLUSIONS OF LAW AND
AGREED ORDER

The Medical Quality Assurance Commission, (Commission), by and through Michael L. Farrell, Department of HeaIth Staff Attorney and Nasser Ordoubadi, MD, represented by Peter A. Camiel, attorney at law, stipulate and agree to the following:

Section 1: PROCEDURAL STIPULATIONS

1.1   Nasser Ordoubadi, MD, Respondent, was issued a license to practice as a physician and surgeon by the State of Washington in February 1985.

1.2   In August 1999, the Commission issued a Statement of Charges against Respondent.

The Statement of Charges alleged Respondent violated RCW 18.130.180(1), (4) and (13).

1.3   In September 2000, the Commission issued an Amended Statement of Charges against Respondent. The Amended Statement of Charges alleged Respondent violated RCW 18.130.180(1), (4), (13), and (17).

1.4   Respondent understands that the State is prepared to proceed to a hearing on the allegations in the Amended Statement of Charges.

1.5   Respondent understands that he has the right to defend himself against the allegations in the Amended Statement of Charges by presenting evidence at a hearing.

1.6   Respondent understands that, should the State prove at a hearing the allegations in the Amended Statement of Charges, the Commission has the power and authority to impose sanctions pursuant to RCW 18.130.160.

1.7   Respondent and the Commission agree to expedite the resolution of this matter by means of this Stipulated Findings of Fact, Conclusions of Law, and Agreed Order (Agreed Order).

1.8   Respondent waives the opportunity for a hearing on the Amended Statement of Charges contingent upon signature and acceptance of this Agreed Order by the Commission.

1.9   This Agreed Order is not binding unless and until it is signed and accepted by the Commission.

1.10   Should this Agreed Order be signed and accepted it will be subject to the reporting requirements of RCW 18.130.110, Section 1128E of the Social Security Act, and any other applicable interstate/national reporting requirements.

1.11   Should this Agreed Order be rejected, Respondent waives any objection to the participation at hearing of all or some of the Commission members who heard the Agreed Order presentation.

Section 2: STIPULATED FACTS

The State and Respondent stipulate to the following facts:

2.1   Between July 1996 and July 1997, Respondent treated Patient One for chronic pain from spasmodic torticollis. Although Patient One was a difficult patient to manage, Respondent acknowledges that the evidence is sufficient for the Commission to find that he prescribed excessive amounts of pain medication for an extended period of time and without sufficient justification in the medical records.

2.2   On 16 occasions between December 6, 1996, and March 11, 1997, Patient Two visited Respondent's office and was seen and treated by a chiropractor employed by Respondent. Despite the fact that Patient Two did not see Respondent or another licensed medical doctor during those 16 visits, Respondent billed Patient Two's insurance carrier under his name and under CPT code 99213.

2.3   On 20 occasions between November 8, 1996, and March 27, 1997, Patient Three visited Respondent's office and was seen and was treated by either a chiropractor or a massage therapist. Despite the fact that Patient Three did not see Respondent or another licensed medical doctor during those 20 visits, Respondent billed Patient Three's insurance carrier under his name and under CPT code 99213.

2.4   CPT code 99213 requires an office visit with a physician and two of the following three components: (I) an expanded problem focused history; (2) an expanded problem focused examination; and (3) medical decision making of low complexity.

2.5   In August 1999, the Commission issued a Statement of Charges based on the allegations in paragraphs 2.1 through 2;4, above.

2.6   On or about August 4, 2000, Respondent pled guilty in United States District Court to two counts of conspiracy to commit mail fraud and health care fraud.

Section 3: CONCLUSIONS OF LAW

The State and Respondent agree to the entry of the following Conclusions of Law:

3.1   The Commission has jurisdiction over Respondent and over the subject matter of this proceeding.

3.2   The above facts constitute unprofessional conduct in violation of RCW 18.130.180( 1), (4), (13) and (17), which define as unprofessional conduct in part:

(1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of the person's profession, whether the act constitutes a crime or not. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended.

(4) Incompetence, negligence, or malpractice which results in injury to a patient or which creates an unreasonable risk that a patient may be harmed.

(13) Misrepresentation or fraud in any aspect of the conduct of the business or profession;

(17) Conviction of any gross misdemeanor or felony relating to the practice of the person's profession. For the purposes of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended.

3.3   The above violations are grounds for the imposition of sanctions under RCW 18.130.160.

Section 4: AGREED ORDER

Based on the preceding Stipulated Facts and Conclusions of Law, Respondent agrees to entry of the following Order:

4.1   Respondent's license to practice as a physician and surgeon in the state of Washington is REVOKED. Respondent may not apply for reinstatement for a minimum of five years from the effective date of this Agreed Order. Respondent shall immediately return his wallet card and wall certificate, if still in his possession or control, to

Dani Newman
Compliance Officer
1300 SE Quince Street
P.O. Box .7866
Olympia, Washington 98104-7866.

4.2   Within 10 days of the effective date of this order, Respondent shall thoroughly complete the attached Healthcare Integrity and Protection Data Bank Reporting Form (Section 1128 of the Social Security Act) and return it to the disciplining authority.

4.3   This Agreed Order shall become effective ten (10) days from the date the Order is signed by the Commission chair, or upon service of the Order on the Respondent, whichever date is sooner.

I, Nasser Ordoubadi, MD, Respondent, certify that I have read this Stipulated Findings of Fact, Conclusions of Law and Agreed Order in its entirety; that my counsel of record, if any, has fully explained the legal significance and consequence of it; that I fully understand and agree to all of it; and that it may be presented to the Commission without my appearance. If the Commission accepts the Stipulated Findings of Fact, Conclusions of Law and Agreed Order, I understand that I will receive a signed copy.

____________________
Nasser Ordoubadi, MDa
Respondent

Date: January 24, 2001

____________________
Peter A. Camiel
WSBA # 12596
Attorney for  Respondent

Date: January 26, 2001

Section 5: ORDER

The Commission accepts and enters this Stipulated Findings of Fact, Conclusions of Law and Agreed Order.

DATED this 26th day of January, 2001

STATE OF WASHINGTON
DEPARTMENT OF HEALTH
MEDICAL QUALITY ASSURANCE COMMISSION

________________________
Panel Chair

Presented by:

_________________________

Michael L. Farrell BA # 16022
Department of Health Staff Attorney

Date: January 26, 2001

This page was posted on January 4, 2005.

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