Press Release  Hyannis Physician Pleads Guilty to Illegally Prescribing Opioids

Barnstable — A Hyannis physician has pleaded guilty and been sentenced in connection with illegally prescribing opioids and defrauding the state’s Medicaid program (MassHealth), Attorney General Maura Healey announced today.

Dr. Mohammad Nassery, age 63, a doctor who practiced at Ariana Pediatric Neurology in Hyannis, pleaded guilty on March 17 in Barnstable Superior Court to charges of Illegal Prescribing (11 counts), Medicaid False Claims (8 counts), and Larceny over $250 (1 count).

“One key to addressing the opioid and heroin epidemic that is devastating our state and our nation is to reverse the culture of overprescribing opioids that has taken hold over the past decade,” AG Healey said. “This doctor wrote medically unnecessary prescriptions and provided powerful painkillers to people with documented substance abuse problems. Our office will continue to prosecute doctors who are contributing to this crisis by illegally prescribing opioids.”

After the plea was entered, Judge Robert C. Rufo sentenced Nassery to two-and-a-half years in the House of Correction, suspended for a probationary period of five years. Nassery previously entered into an agreement with the state medical board to no longer practice medicine. Under a condition of the sentence, Nassery is prohibited from applying for re-instatement of his license during the period of his probation. Judge Rufo also ordered Nassery to pay full restitution in the amount of $10,278.26 to MassHealth.

Medical records indicated that Nassery continued to prescribe oxycodone – determined to have a high potential for abuse – and other oxycodone-based medications (such as Percocet) to patients despite their documented substance abuse, and after learning that some patients were concurrently enrolled in substance abuse treatment programs or were receiving opioids from other prescribers. For those patients who used MassHealth to pay for their prescriptions, each illegal prescription Nassery wrote caused pharmacies to unwittingly falsely bill MassHealth for the medication. 

Investigators determined that Nassery insisted on urine-drug screens and MRI tests before prescribing a controlled substance as a “cover” for his unlawful practices. In many cases, Nassery would continue to prescribe oxycodone and other oxycodone-based drugs, despite the fact that some patients were not getting urine tests as directed or urine tests showed that patients were not taking medications as directed.          

In addition to illegally prescribing opioids, Nassery billed MassHealth for medically unnecessary services or overstated services by charging for simple office visits using a billing code reserved for comprehensive medical exams and complex medical decision-making. As a result, MassHealth paid a higher rate than warranted for the office visits.

Shortly before taking office, AG Healey announced the formation of an internal AG’s task force to more aggressively combat the heroin and prescription drug abuse crisis in Massachusetts. AG Healey has vowed to use a multi-faceted approach to educate prescribers, pursue illegal drug traffickers and pill mills, and expand access to recovery and treatment programs.

In January, AG Healey and coalition of state and federal agencies announced the formation of the Interagency Group on Illegal Prescribing to investigate and prosecute prescribers, pharmacists and others who contribute to the opioid epidemic by illegally prescribing or dispensing pills.

In December, the AG’s Office indicted a Ludlow physician for illegally prescribing opioids to patients for no legitimate medical purpose, some of whom had documented substance abuse issues, and for defrauding MassHealth.

This case was handled by Assistant Attorneys General Casey Groff and David Scheffler and investigated by Investigator Chris Cecchini, all of the AG’s Medicaid Fraud Division, along with Massachusetts State Police, the Boston Task Force of the United States Drug Enforcement Administration (DEA), the DEA’s New England Office of Diversion Control, the Marshfield Police Department and the Department of Health and Human Services Office of the Inspector General. MassHealth also assisted in the investigation.

###