state justice center

IF YOU HAVE BEEN NAMED AS A DEFENDANT IN A SEXUAL ABUSE LAWSUIT BROUGHT UNDER THE NEW YORK ADULT SURVIVORS ACT, YOU NEED AN EXPERIENCED DEFENSE ATTORNEY

On November 24, 2022, the New York State Survivors Act went into effect allowing lawsuits alleging sexual abuse to be brought regardless of how long ago the act occurred. This law is in effect until November 24, 2023, a one-year period, and already hundreds of lawsuits are underway. There are numerous law firms who are […]

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What Role Does The ISC Play During An Investigation?

The Office of Professional Discipline, OPD, is the branch of the Department of Education that investigates and prosecutes medical licensees other than physicians and physician assistants. So, if you are a Registered Nurse, a Nurse Practitioner, a Podiatrist, a Psychologist, or other licensed health care provider, be very worried if you receive a letter from […]

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YOU MUST UNDERSTAND HOW THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT, OPD, CARRIES OUT THEIR INVESTIGATIONS–YOUR CAREER MAY DEPEND UPON IT

If you are the target of a Department of Education, Office of Professional Medical Conduct, OPD, investigation, you must know how these investigations work to do your best to protect your New York State license whether you are a nurse, a podiatrist, a physical therapist or any type of health care professional other than a […]

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What are the Consequences When a Mental Health Provider Takes Advantage of a Patient in a Sexual Manner?

Mental health providers in New York State have an absolute duty to avoid any type of sexual advances or experiences with their patients. The word “providers” includes psychiatrists, psychologists, and social workers. When there is sexual contact, it is usually begun with subtle grooming of the patient by the provider. Words with double meanings are […]

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AN INTERESTING INSIGHT INTO CONSENT AGREEMENTS WRITTEN BY OPMC–WATCH OUT WHAT YOU AGREE TO

When a physician does not practice medicine in New York, but still has an inactive New York license, is disciplined by another state or pleads guilty to a crime, in another state, New York retains the ability to publicly discipline the physician. This is so because, in my view, New York wants to increase its […]

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RECENT ISSUES WITH THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT AND THE OFFICE OF PROFESSIONAL DISCIPLINE

This article will discuss several matters that have been dealt with by Walker Medical Law in the recent past. All of these issues should be instructive for professionals with medical provider licenses and will demonstrate how problems arise and how to try to deal with those problems once they are under investigation by the State […]

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What Happens When an Insurance Company Audits the Billing Practice of a Physician, Dentist, or Any Other Healthcare Provider?

We recently concluded a negotiation with a physician and one of the health care insurance companies with which he has done business for years. This issue began, as most do, with a letter from the insurance company stating that they were asking that the doctor provide complete copies of the medical records of more than […]

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How to Obtain a Reasonable Result from the Office of Professional Discipline Via an Informal Settlement Conference

The Office of Professional Discipline, OPD, is the enforcement arm of the New York State Department of Education and it has jurisdiction over the medical licenses of nurses, physical therapists, massage therapists, acupuncturists, and other non-physician and non-physician assistant licenses. When there is an issue concerning the conduct of one of these professionals, OPD has […]

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lawyer at meeting

IF YOU ARE A PHYSICIAN WHO IS SIGNING AN EMPLOYMENT CONTRACT WITH A HOSPITAL OR OTHER MEDICAL FACILITY, MAKE SURE YOU READ THE FINE PRINT

When a physician is going about looking to move to a new hospital or other medical organization, there is a period of good feeling when the doctor knows that he/she is wanted by the facility. This usually occurs during a series of meetings with people at the facility and everyone is polite, charming and, all […]

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lawyer at meeting

What to do When You Are Denied Long Term Disability Benefits by Your Insurance Company

We represent individuals, including physicians, nurses, and other medical professionals, when they have to litigate against their long term disability insurance companies.  The situation usually starts when the individual has been on disability and then receives a letter from the insurance company stating that for various reasons the person is no longer considered to be “disabled’  as that word is defined in […]

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How to Attempt to Remove a Physician License Restriction That is Part of an OPMC Consent Agreement

When a physician decides to settle an issue with the office of professional medical conduct, (OPMC) there is often included in the Terms of the agreement some type of license restriction.  This can be the inability of the physician to prescribe narcotics, the requirement that the physician has a chaperone, the need for a physician […]

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ENSURE YOU UNDERSTAND THE POTENTIAL CONSEQUENCES OF ENTERING INTO A CONSENT AGREEMENT WITH THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT

When the Office of Professional Medical Conduct, OPMC, investigates a physician, the matter can get to the stage where OPMC offers to “settle” the matter with a Consent Agreement. That means that OPMC will not prosecute the doctor, but the doctor will agree to some level of discipline. Many doctors are more than happy to […]

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gavel law book

Are You Being Sued By A Hospital Or Physician For Payment Of A Health Care Bill?

Over the last few months, there have been numerous articles that discuss the fact that hospitals and doctors are suing their patients for payment of bills arising out of health care that was given. These situations arise in several different ways. Sometimes the patient has a surgical procedure and the surgeon’s bill is covered by […]

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