NYC Healthcare Misconduct Defense Attorney
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Physicians today are at the mercy of health insurers because if you do not have a contract as a “provider” with the insurer then you might very well lose a substantial portion of your income. I just recently had a case where a major insurer wrote to a surgeon and advised that the contract between […]
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Be very careful when deciding what codes to use in billing an insurance company for your work. The company may report you to the state, claiming that you are committing fraud. Over the last few years I have represented numerous clients, physicians, dentists, dieticians, etc, in claims brought against them by health insurers on numerous […]
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If you are a health care provider, a nurse, a chiropractor, a dentist, etc, all disciplinary hearings that could adversely affect your New York State license are held by the Department of Education, Office of Professional Discipline. The Hearings in the New York City area are held at 1411 Broadway, 10th Floor, New York, New York […]
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BE VERY CAREFUL ABOUT THE POSSIBLE UNINTENDED CONSEQUENCES FROM THE SIGNING OF A CONSENT ORDER WITH OPMC If you are a physician and the New York State Department of Health, Office of Professional Medical Conduct (OPMC), is threating to bring charges of unprofessional conduct against you, there is an understandable desire to put an end to the whole […]
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SOMETIMES YOU CAN ACTUALLY WIN AN OPMC HEARING AFTER YOU HAVE BEEN CONVICTED OF A CRIME We recently represented a physician who was convicted of a crime, violating a court order involving an Order of Protection, in another state. Any conviction, any felony or misdemeanor, is, by definition, unprofessional conduct and will result in The […]
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BE CAREFUL WHEN YOU GO TO AN INTERVIEW AT THE OFFICE OF PROFESSIONAL DISCIPLINE, OPD, –OTHER PEOPLE MAY HAVE GIVEN STATEMENTS TO PROTECT THEMSELVES AT YOUR CLIENT’S EXPENSE We recently represented a nurse at a Department of Education, OPD interview in a situation where it was claimed that regulations had not been followed when a […]
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I just finished a case where a health insurance company, HMO, notified my client, a physician, that it was claiming over-payments to the doctor and that he owed them a very large sum of money. The notice stated that he had to pay the overcharge within a very short period of time and if he […]
Read MoreA health care provider recently came to me after entering into a Consent Order with the Office of Professional Conduct, OPMC. The Order was lengthy and prevented the provider from practicing until certain steps were taken. One of the steps was to take and pass the certifying exam for Physician Assistants to prove that his […]
Read MoreYour client has his/her ability to practice medicine restored after a substance abuse rehabilitation, but does the clients board ccertification still exist? I recently represented a physician through a two plus year rehabilitation period and after a Hearing with the New York State Department of Health, The Office of Professional Medical Conduct, OPMC, the ability […]
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When a physician has been out of practice for some time due to substance abuse or other circumstances, OPMC will often make the attendance by the physician at a Clinical Competency Assessment program as part of the conditions necessary to permit the physician to return to the practice of medicine. At the end of the […]
Read MoreMany times a physician is faced with the option of signing some type of Consent Order with the Office of Professional Medical Conduct, OPMC, to put an end to an investigation. This is often done to avoid a possibly much worse result if the matter goes to a full blown hearing and the case is […]
Read MoreI routinely receive calls from physicians, nurses, and other healthcare providers about the answers to questions which are posed in the New York State licensure application. Sometimes the situation is when the application is in the process of being filed and the call comes to me when the State is questioning the truthfulness of some […]
Read MoreIn the years 2015 and 2016, I have seen a wide range of issues that came to me from physicians, nurses, and other healthcare professionals, all of which were potentially dangerous to the license of the individual client. I am going to list some of the matters in order to demonstrate what problems can arise […]
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If you are a physician or other healthcare provider working at a hospital, you must be aware that the hospital administration is constantly looking to protect the hospital at the expense of its employees or independent attending physicians. Hospitals are constantly being monitored by the local, state and federal governments. If there is a problem, […]
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I have written on several occasions about the problems that can occur if a physician has a personal relationship with a patient. Most often this arises in the context of a romantic relationship between the doctor and the patient and it usually does not end well for the doctor. This short article chronicles a real […]
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The purpose of this article is to educate physicians regarding the process of reinstating a medical license after surrendering it due to substance abuse. Suffice it to say, the road to the restoration is longer than you think it will be. What follows is the sequence of events in a case I just concluded. The […]
Read MoreBe careful of EMTALA and HIPAA violations If you are employed by or on the staff of a hospital, you must be very careful when dealing with or discussing patients. Two federal statutes that can truly make your life miserable are the Emergency Medical and Labor Act (EMTALA) and Health Insurance Portability and Accountability Act […]
Read MoreWe represented a physician who surrendered his medical license some years earlier due to several complaints of inappropriate behavior with some of his patients. One of the matters resulted in a criminal conviction. The physician wanted to have his license reinstated and we assisted him in preparing the required paperwork for the application. This consisted […]
Read MoreWhen you fill out your Registration Renewal form for your New York State medical license, read the questions very carefully. I have numerous cases where the physician answered some of the questions incorrectly. If that incorrect answer is discovered by The New York State Department of Health, the Office of Professional Conduct (OPMC), the office […]
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