Monday, September 16, 2013

AR - Doctor fights law barring money to offenders

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Original Article

09/16/2013

LITTLE ROCK (AP) - An Arkansas doctor convicted of possessing child pornography 13 years ago is suing the state over a new law that bars giving Medicaid money to convicted sex offenders.

Dr. _____ filed a lawsuit in federal court on Friday and asked a judge to block enforcement of the new restriction, which took effect Aug. 16. The law prohibits any registered sex offender from providing Medicaid services in the state.

The measure was introduced after a legislative audit noted that _____ had received more than $489,000 in Medicaid payments.

_____ was convicted in 2000 of possessing child pornography, but he has maintained his innocence. The state Medical Board in 2005 reinstated his license to practice medicine in Arkansas.

In the lawsuit, _____ argues the restriction violates his constitutional rights.


4 comments :

Loneranger said...

At first a little miss leading. They are not avoiding covering sex offenders they are not going to give a doctor money that has a sex offence on his record for treating anyone. So not so sure this is ok. As many doctors have a conviction but have been given their license back after completing whatever sentence they have been given. The key to this is they have been given their licence back. They can practice medicine and provide services. So the logic behind banning someone that is not banned after he has paid his debt? Really is this no more then another added penalty after the fact. One would need to think that if they really want someone to be a productive part of society and really who is more needed and productive then Doctors. One would think they wouldn't do things like this to a persons profession.

CharlesHiggins said...

Maybe if he is successful some offenders can sue over the denial of food stamps for sex offenders and housing assistance if it goes through. Such limits on who can collect violate the 14th amendment guarantees of equal treatment under the law.

eAdvocate said...

Yes, it appears the State of Arkansas has a provision which prohibits FUNDING doctors who have had a past sex conviction. Here though the doctors license was restored, so it makes no sense. I see this as the legislature not knowing other laws it has enacted, or poor legislative research, if done at all. And looking at the amounts in question, this was retroactively applied. Now we wait for the court to decide.

brian said...

This government has gone to war with sex offenders. As long as they keep the media scaring the public they will continue to take not just our contituional rights away but everyones.