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Subject Number 046-886 Temporary Suspension of Dr. Bret Ostrager's Authorization to Treat Injured Workers Effective September 19, 2016

Subject Numbers Regarding Health Provider Authorizations

Authorization No. 189123-3W

September 19, 2016

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. Bret Ostrager's authorization to treat injured workers within the New York State workers' compensation system effective September 19, 2016. Dr. Ostrager's last known business address is 2280 Grand Avenue, Room 208, Baldwin, New York 11510.

The Chairís designee's investigation has revealed that the New York State Department of Health, State Board for Professional Medical Conduct (BPMC) has issued Commissionerís Order of Summary Action # 16-309, wherein, effective immediately, Dr. Ostrager shall not practice medicine in the State of New York pending the outcome of a hearing to be held pursuant to N.Y. Pub. Health Law §230 and N.Y. State Admin. Proc. Act §§301-307 and 401, based on New Jersey felony convictions of 1 count of conspiracy to violate the federal anti-kickback statute and travel act, in violation of 18 USC section 371, 1 count of illegal remuneration in violation of the federal anti-kickback statute, in violation of 42 USC section 1320a-7b(b)(1)(A) and 18 USC section 2, and 1 count of use of the mail and facilities in interstate commerce and interstate travel to promote, carry on and facilitate commercial bribery, resulting in a 37-month prison term, a $30,000.00 fine, and $101,270.00 in forfeiture.

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

Dr. Ostrager is prohibited from rendering treatment and care to injured workers while his authorization is temporarily suspended. Reports submitted by Dr. Ostrager for services rendered prior to September 19, 2016, are valid, but are invalid for any services rendered on or after that date. Requests to cross-examine Dr. Ostrager for services rendered prior to September 19, 2016, 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 Directorís Office at 1 (800) 781-2362.

Kenneth J. Munnelly