Date: July 12, 2013
This subject number amends and supersedes the previously issued Subject Number 046-554.The amended portion of the subject number has been italicized.
Pursuant to Workers' Compensation Law Section 13-d(4), the Chair of the New York State Workers' Compensation Board has exercised his authority to temporarily suspend Dr. Robert Israelís authorizations to treat injured workers as of July 10, 2013, and, pursuant to WCL ß 13-d(5), to revoke his authorization to perform independent medical examinations (IME) in the New York State workersí compensation system effective June 7, 2013. Dr. Israel's last known business address is 942 Fifth Avenue, New York, NY 10021.
The Chair’s designee’s investigation revealed that the Department of Health, Bureau of Professional Medical Conduct (BPMC) has issued BPMC Order # 13-156, effective June 7, 2013. By Consent Agreement and Order, Dr. Israel admitted that he could not successfully defend against at least one of the charged acts of misconduct alleging negligence against himself, as set forth in the Statement of Charges, and he received the penalty of a license limitation, pursuant to N.Y. Pub. Health Law § 230-a(3), precluding him from engaging in any practice as an Independent Medical Examiner, and a probationary term for a period of three years, pursuant to Pub. Health Law § 230-a(9), with terms and conditions. The factual allegations, as set forth in the Statement of Charges, include care for five patients that failed to meet the accepted standards of medical care. The first specification was that he committed professional misconduct as defined by N.Y. Educational Law § 6530(3) by practicing the profession of medicine with negligence on more than one occasion. The second specification was that he committed professional misconduct as defined in N.Y. Educational Law § 6530(32) by failing to maintain proper medical records for each patient.
Therefore, the Chair believes that Dr. Israel may be guilty of misconduct.
Dr. Israel is prohibited from rendering treatment and care to injured workers while his authorization is temporarily suspended. He is permanently prohibited from performing independent medical examinations due to the revocation of his authorization. As the Order specifies, a restriction of Dr. Israel’s license prohibits him from performing Independent Medical Examinations as of the effective date of the Order (June 7, 2013). Pursuant to Board Rule 12 NYCRR 300.2(b)(9) his authorization to perform independent medical examinations, is by law, removed as of the date of the license restriction, which is June 7, 2013. Therefore, any IME reports on or after that date are invalid as a matter of law. Reports submitted by Dr. Israel for treatment services rendered prior to July 10, 2013, are valid, but are invalid for any services rendered on or after that date. Requests to cross-examine Dr. Israel for treatment services rendered prior to July 10, 2013, should not be denied due to the suspension of his authorization.
Any questions regarding the authorized lists should be referred to the Medical Director’s Office at 1 (800) 781-2362.
Robert E. Beloten