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Subject Number 046-1354 Temporary Suspension of Dr. LaPenna

Subject Numbers Regarding Health Provider Authorizations

Authorization No. 170725-6W

December 16, 2020

Pursuant to Workers' Compensation Law Section 13-d(4), the Chair of the New York State Workers' Compensation Board has exercised her authority to temporarily suspend Dr. Robert LaPenna’s authorization to treat injured workers within the New York State workers’ compensation system effective December 12, 2020. Dr. LaPenna's last known business addresses are:

78 Todt Hill Road
Staten Island, New York 10314

4864 Arthur Kill Road, Suite 1
Staten Island, New York 10309

and

4982 Hylan Boulevard
Staten Island, New York 10309

The Chair’s designee’s investigation has revealed that the New York State Department of Health, State Board for Professional Medical Conduct (BPMC) has issued a Notice of Hearing alleging that on or about July 13, 2017, August 25, 2017, July 27, 2018, June 3, 2019, and October 2, 2019, the Office of Professional Medical Conduct requested that Dr. LaPenna provide medical records for a patient, and that as of the date of the Notice, October 8, 2020, he had not provided those records.

Therefore, the Chair believes that Dr. LaPenna may be guilty of misconduct as described in Education Law §6530(28), and that such misconduct would detrimentally affect the quality of care provided to injured workers.

Dr. LaPenna is prohibited from rendering treatment and care to injured workers, or to conduct reviews of records regarding variance requests pursuant to 12 NYCRR § 324.3(b)(2)(ii)(a), while his authorization is temporarily suspended. Reports submitted by Dr. LaPenna for services rendered prior to December 12, 2020, are valid but are invalid for any services rendered on or after that date. Requests to cross-examine Dr. LaPenna for services rendered prior to December 12, 2020, should not be denied due to the suspension of his authorization.

This suspension remains in effect until further notice. Any questions regarding the authorized lists should be referred to the Medical Director’s Office at 1 (800) 781-2362.

Clarissa M. Rodriguez
Chair