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Subject Number 046-640 Temporary Suspension of Dr. Lesly Germain's Authorization to Treat Injured Workers Effective October 7, 2013

Subject Numbers Regarding Health Provider Authorizations

Authorization No. 208844-1W

October 8, 2013

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. Lesly Germain's authorization to treat injured workers within the New York State workers' compensation system effective October 7, 2013. Dr. Germain's last known business address is 400 North Main Street, Warsaw, NY 14569

The Chair's designee's investigation revealed that the Department of Health, Bureau of Professional Medical Conduct (BPMC) has issued BPMC Order # 13-289, wherein, Dr. Germain did not contest the charge of negligence on more than one occasion. As a result, his license has been suspended for five years, stayed with probation for five years. Also, his license is permanently limited precluding the revision of total joint replacement surgeries, regardless of whether the surgeries were performed by himself or other physicians. During his probation, his license is also restricted in that he may only practice medicine when monitored by a licensed physician, board certified in an appropriate specialty.

Therefore, the Chair believes that Dr. Germain may be guilty of misconduct.

Dr. Germain is prohibited from rendering treatment and care to injured workers while his authorization is temporarily suspended. Reports submitted by Dr. Germain for services rendered prior to October 7, 2013 are valid, but are invalid for any services rendered on or after that date. Requests to cross-examine Dr. Germain for services rendered prior to October 7, 2013 should not be denied due to the suspension of his authorization.

This suspension remains in effect until further notice. Any questions regarding the authorized lists should be referred to the Medical Director's Office at 1 (800) 781-2362.

Robert E. Beloten