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Division of Consumer Affairs
Press Release

Attorney General
Anne Milgram
Division of Consumer Affairs, Director
David Szuchman
   
For Immediate Release:
October 17, 2008
For Further Information Contact:
Jeff Lamm, 973-504-6327
 
Chiropractor Agrees to Lengthy Suspension

NEWARK - Sean Nisivoccia, a Clifton chiropractor, has been suspended from practice by the State Board of Chiropractic Examiners for a minimum of five years.

Dr. Nisivoccia owned and operated a variety of New Jersey entities including the Central Health Group, the New Jersey Health Group and the Northern New Jersey Center for Health. The suspension, the full term of which is to be served as an active suspension from practice, was agreed to by the Board and licensee pursuant to a Consent Order.

The Board's investigation of Dr. Nisivoccia was initiated following information obtained from New Jersey Manufacturers Insurance Company ("NJM"). NJM, which also filed an action under the New Jersey Insurance Fraud Prevention Act against Dr. Nisivoccia, provided information to the Board of Dr. Nisivoccia fraudulently obtaining personal injury protection ("PIP") benefits by billing for nerve conduction velocity ("NCV") testing that he was not authorized to perform and/or which he did not himself perform; participating in illegal referrals by holding so-called "NCV Days" when Dr. Nisivoccia would arrange for patients to come to his Chiropractic facility and then be referred back to him for "medically necessary" testing to be billed under their PIP coverage; Dr. Nisivoccia also utilized pre-printed forms to inflate the value of personal injury claims.

Dr. Nisivoccia has agreed to reimburse NJM $1 million in fraudulent charges to resolve its litigation against him. Liberty Mutual Insurance Company has also alleged similar fraudulent billing by Dr. Nisivoccia in a suit currently pending in the New Jersey Superior Court, Morris County.

In addition to the civil insurance fraud charges, the Board's investigation was also predicated upon Dr. Nisivoccia's indictment and subsequent guilty plea to insurance fraud in the Commonwealth of Massachusetts. In April 2008, Dr. Nisivoccia pled guilty to criminal insurance fraud related to his billing for procedures claimed to be performed in Massachusetts, when he was in fact located in New Jersey. As a result of this guilty plea, Dr. Nisivoccia was sentenced to state prison in Massachusetts.

Division of Consumer Affairs Director David Szuchman added "the Board's action in removing Dr. Nisivoccia from practice for the foreseeable future, as well as the strong message sent by the NJM and Liberty Mutual actions, should serve as a clear message that insurance fraud by any licensee will simply not be tolerated."

The Consent Order filed with the Board prevents Dr. Nisivoccia, who closed his New Jersey offices in August, from practicing in New Jersey for at least five years.

This matter was handled by Deputy Attorney General David M. Puteska of the Professional Boards Prosecution Section within the Division of Law.

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