Dr. Punyamurtula Kishore, accused of Medicaid fraud, fined by state board for improper care

A Brookline physician who specializes in drug addiction—and who already faces Medicaid fraud charges—was reprimanded and fined $2,500 by the state’s licensing board Wednesday for improperly seeking to have four young women involuntarily hospitalized because he had heard they might be high or drunk, and not because he had personally examined them and concluded they had psychiatric issues posing a hazard to themselves or others.

The disciplinary action against Dr. Punyamurtula Kishore—as well as his ongoing criminal case involving a drug-testing lab that he founded—involves the proliferating and unregulated industry of sober homes, which are mostly private rooming houses in residential neighborhoods rented exclusively to recovering addicts.

The case before the Board of Registration in Medicine dates back to 2006, at a time when Kishore himself ran at least one small sober home in Bridgewater, and just as his multi-million-dollar urine-testing business was rapidly expanding alongside his clinical practice.

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According to board documents, the sober home at 15 Maple Ave. was operated by a nonprofit founded by Kishore called Families of Choice. On Aug. 4, 2006, Kishore met with four tenants of this sober home at his Brookline office and told them they needed to leave because he was “planning to close it and he gave the four patients a few days to relocate.”

Apparently after hearing this, the women made arrangements to return to Bridgewater. Later that night around 11 p.m., one of the employees of the sober home observed one of the women vomiting into a toilet. That night, the “house mother” of the residence called Kishore and said that the four women each “appeared to have been using drugs, alcohol or both.” Kishore called the Bridgewater police requesting that they transport the four women to the Brockton Hospital emergency department for drug testing. When the police arrived, they called Kishore and said they did not believe the four women were under the influence of drugs or alcohol, according to the documents.

Minutes later, Kishore faxed to the police four forms for “temporary involuntary hospitalization,” one for each of the women. In each instance, Kishore indicated that each woman “posed a danger to herself and/or to others by reason of intoxication and/or ingestion of drugs” and they should be drug-tested. Around midnight, the police transported the women to the hospital and they were examined by physicians, though they were not tested for drugs because they allegedly declined and “testing was not medically indicated at that time.” All four women were released within two hours of their arrival.

The four women are not named in the board’s documents.

The board reprimanded Kishore because he “failed to comport with the spirit and letter” of the state’s law regarding involuntary hospitalization, which relates to protecting patients from harming others or from self-harm based on mental conditions, and requires a clinician’s direct observations, with only rare emergency exceptions.

According to the board’s records, Kishore and his attorney alleged that he did not have to personally examine the women because he was familiar with their medical histories and relapse potential, and that he was not actually demanding hospitalization, but rather sought “transport of individuals to a facility for evaluation.”

Kishore’s Boston attorney, Paul Gitlin, in a telephone interview Thursday stated that Kishore made a “judgment call” and did what he thought was appropriate to protect the young women. Gitman also said the Bridgewater sober home was ultimately closed in 2007.

The action of the board—which includes a requirement that Kishore make known the board’s actions to all hospitals, nursing homes and other facilities where he works—adds to ongoing legal problems faced by the 62-year-old physician. Last year, Kishore and his lab were indicted for fraudulently billing Medicaid nearly $4 million for tens of thousands of urine screens from recovering addicts, business that he allegedly secured through kickback arrangements with landlords at sober homes.

Sober homes often require regular or random urine screening of tenants, and state investigators allege that Kishore medically ordered excessive testing of tenants, and had such lab work funneled to his lab. Kishore has pleaded not guilty to those charges.