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5 N.J.A.R. 430

Rednor, Gerald B., Individually and d/b/a Schnorbus Pharmacy; Medical Assistance & Health Services, Division of v
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Citation: 5 N.J.A.R. 430
Decision Date: 1981
Synopsis: The Division of Medical Assistance and Health Services suspended Gerald B Rednor, R.P. and Schnorbus Pharmacy from participation as providers in the N.J Medical Assistance and Health Services Pro- gram and the Pharmaceutical Assistance to the Aged Program pend- ing resolution of a criminal indictment for distribution of narcotics and other drugs. The suspension was based on N.J.S.A 30:4D-17.1 and N.J.A. C 10:49-1.17 which permit suspension of provider privileges based upon return of a criminal indictment involving moral turpitude. The administrative law judge determined that it was well settled that the unlawful distribution of narcotics involves moral turpitude and that the return of an indictment on such a charge (despite the provider's protestations of innocence) was sufficient to warrant a suspension. The judge noted, however, that the authority to suspend provider status in such an instance is specifically set forth in N.J.A.C 10:49-1.17(j) and requires the approval of the Attorney General. Find- ing that evidence of such approval was lacking in this case, the judge concluded that the Division's proposed suspension was void. Accordingly, the administrative law judge ordered the suspension rescinded. Karen Snter, Legal Assistant, for petitioner (Irwin I Kimmelman, Attorney General of New Jersey, attorney) John H. Petito, Esq., for respondent (Pellettieri, Rebstein & Altman, attorneys) State of New Jersey 431
Rule(s) Cited: 10:49-1.17