1. From the Attorney General’s office "The Veterans Administration fee basis program ... allows eligible veterans to be treated in their community by a doctor or dentist of their choice." "The defendant, CWC, double-billed the VA for rendering the same service to assigned patient on the same day."

Response: as many veterans who receive services at the clinic are aware, CWC has attempted to be helpful to veterans who suffer from PTSD acquired through wartime experience. CWC does not work for the Veterans Administration but for the Veterans. CWC have successfully assisted several hundred veterans in their pursuit of disability with the Veterans Administration, many times bringing to the attention the Veterans Administration's limitations. When the fee basis program was in operation there was no double-billing of services and many services were not billed by CWC. The Veterans Administration submitted information to the North Carolina Attorney General's Office stating CWC double-billed claims in the sum of approximately $24,000. Somehow the Veterans Administration ignored claims totaling approximately $160,000, which have to this date not been paid. Nonpayment and lack of funds for operation resulted in the closing of the Morehead City and the Winterville office May, 2004. The New Bern office managed to stay in operation by the Grace of God and the few honest employees who remained loyal.

The Veterans Administration stopped paying CWC during the latter part of 2003. CWC stopped billing the Veterans Administration May of 2004. Unexpectedly, in September and October of 2004 several payments were received by the Veterans Administration. The Morehead City and Winterville clinics had already been closed. The New Bern clinic was in transition and the clinic did not have adequate staff available to investigate why these monies had been received. Since financial problems were occurring, the money was used to keep the clinic in operation. Without warning, the Veterans Administration would later make the accusation of double-billing to the Attorney General’s Office, which is a criminal offense. The VA had made no previous effort acknowledging their mistake of overpayment to CWC. It is common practice, insurance companies notify providers of any mistake which would result in double payments. Insurance companies do not initiate criminal charges against the provider for the company’s mistake. They generally make arrangements for return payment. CWC was notified of criminal charges involving double-billing several months after the raid during the first meeting with the Attorney General’s Office. There was no mention with the original affidavit supporting the raid on CWC with the Veterans Administration’s allegation.  This information was provided in detail to the Attorney General’s Office disputing the VA claim of double-billing which met deaf ears. The VA representative chose not to attend this meeting for explanation of their practice.

A detailed account of the Veterans Administration's billing practice is as follows without the name of the patient submitted due to confidentiality: patient 1-service rendered 10/23/03 with original claim sent that week to Salisbury VA without response. A second claim was resubmitted on 02/02/04 to Salisbury VA four months later. Salisbury VA working with Durham VA managed to approve the first claim 07/29/04 eight months later and the second claim 09/15/04 nine months later.  It is common practice for a bill to be re-submitted if payment is not received in a timely manner. The VA record keeping of payments apparently was inadequate and a mistake occurred or the second payment for services was not an oversight but delivered with malice. Since there was no typical notification of overpayment to CWC, one might assume the latter.   This same course of action, by the Veterans Administration, occurred with multiple patients resulting in approximately $24,000 overpayment. The VA accused CWC of acting fraudulently notifying the Attorney General’s Office of criminal double-billing. They did not notify CWC first to have the opportunity to return overpayment, as is common practice. Keep in mind approximately $160,000.00 continues to be owed to CWC from the Veterans Administration which they are aware and continue to ignor. The name of the individual who approved all of the claims was not recognizable but his or her name appeared to start with a P. CWC staff who had direct contact with the Salisbury and Durham VA billing department personnel never spoke to an individual with a name that started with P. You will have to decide where foul play occurred, either CWC or the Veterans Administration.

In summary, CWC took into account North Carolina's history of prosecution. You may be aware North Carolina has executed three persons who were innocent of any crime. These individuals, Desmond Carter, John Rose, and Timothy Keel were executed and later found to be innocent. Several other individuals were imprisoned and years later found to be innocent and released. Details of these accounts can be found on the Internet "Death Watch North Carolina, http://deathwatch.wordpress.com/category/exoneration.

Others instances of how the North Carolina legal system may operate include "the Duke Case" with references on the Internet to include: Duke’s Prosecutors Ethics Trial Begins in North Carolina; Duke Case: North Carolina's Criminal Justice Problems and the Heroic Attorneys; and Wikipedia’s description “Duke Lacrosse Case”.  Surf the Internet if you want more information about other cases.

The plea bargain has allowed correct information to be delivered to you on this site. My attorneys assured me, if CWC did not make a plea bargain then I would face at least 20 years of prison. The decision was obvious if I wanted to continue my life’s goal of helping people. I contacted the Sun Journal of New Bern North Carolina, and spoke directly to Francine Sawyer who published an article about the raid on CWC in 2005. I offered her an interview for details only I could provide and was scheduled to meet with her today, April 26, 2011. She chose not to attend the meeting.

CWC will be open for business May 2, 2011. Changes with billing will be necessary, as Judge Boyles, decided to suspend participation of CWC with Medicare and Medicaid during the hearing.  You will be getting a letter soon concerning changes in procedures and payment if you decide to continue treatment. If you decide to seek treatment elsewhere arrangements will be make to transfer medical records.  I apologize for any inconvenience due to these changes but I was unable to stop the government process.  I appreciate your support and kindness during this distressing time…..

Sincerely, 

Michael K. Nunn, DO, MS

Board Certified Psychiatrist

Masters of Science Clinical and Counseling Psychology

Osteopathic Physician