Orthopaedic Specialty Group, P.C., and Dr. Lawrence Kirschenbaum entered into a civil settlement agreement with the federal government and have agreed to pay a total of $80,000 to resolve allegations that they violated civil provisions of the Controlled Substances Act. Orthopaedic Specialty Group, P.C. (“OSG”) is an orthopedic practice with locations in Bridgeport, Fairfield, Milford and Shelton. Kirschenbaum practices out of OSG’s Fairfield location, and specializes in interventional pain management. The allegations against OSG and Kirschenbaum involve the claim that on 40 separate occasions between April 2017 and January 2019, Kirschenbaum’s patients received “early fills” of their prescriptions for controlled substances. When a prescription is filled early, it is filled before the supply provided pursuant to an earlier prescription is or should be exhausted. The government alleges that these 40 “early fills” violated the Controlled Substances Act and its implementing regulations. As part of the settlement agreement, OSG and Kirschenbaum have agreed to stop dispensing Schedule II controlled substances from OSG’s offices. Instead, OSG patients will fill their prescriptions for these opioids at pharmacies. OSG has agreed to incorporate this change in protocol into a written policy, and will disseminate the written policy to all of OSG’s staff and physicians.
