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Subject Number 046-706Temporary Suspension of Dr. Melinda Keller's Authorization to Treat Injured Workers Effective June 30, 2014

Subject Numbers Regarding Health Provider Authorizations

Authorization No. C02968-8W

July 1, 2014

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. Melinda Keller’s authorization to treat injured workers within the New York State workers’ compensation system effective June 30, 2014. Dr. Keller's last known business address is 5911 16th Avenue, Brooklyn, New York.

The Chair’s designee’s investigation revealed that Dr. Keller billed and collected fees from two workers’ compensation claimants for services while the patients were under her care for work related injuries. This is a direct violation of Workers’ Compensation Law §§ 13-f(1), 13-l(4), and agreements she signed upon receiving her Board authorization. The workers’ compensation claimants were billed for spinal decompression therapy when the New York State Workers’ Compensation Fee Schedule and Rules promulgated by the Board fail to recognize non-surgical spinal decompression forms of treatment.

Dr. Keller also failed to comply with a duly served Notice of Deposition to appear at the Board’s Schenectady, New York office on June 25, 2014, in violation of WCL § 13-l(10)(f). Additionally, she failed to comply with multiple demands and directives from the Medical Director’s Office, the Office of General Counsel, and a Workers’ Compensation Law Judge to reimburse a workers’ compensation claimant that she privately billed while rendering care and treatment to, for a work-related injury, in accordance with the law.

Therefore, the Chair believes that Dr. Keller may be guilty of misconduct, and that such misconduct would detrimentally affect the quality of care provided to injured workers.

Dr. Keller is prohibited from rendering treatment and care to injured workers while her authorization is temporarily suspended. Reports submitted by Dr. Keller for services rendered prior to June 30, 2014, are valid, but are invalid for any services rendered on or after that date. Requests to cross-examine Dr. Keller for services rendered prior to June 30, 2014 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