Per New York State law, all licensed physicians, physician assistants, and specialist assistants must report colleagues to the Office of Professional Medical Conduct (OPMC) or Office of Professional Discipline (OPD) whom they suspect of possible medical misconduct. And so, if a colleague or the healthcare facility in which you are employed reports you, the OPMC or OPD may commence a full-on investigation against you. To kick off this inquiry, they may ask you to share all medical records and history on the patient involved in this case. With this, please follow along to find out whether you should provide patient information to the OPMC and how one of the proficient New York City OPMC/OPD misconduct defense lawyers at Walker Medical Law can help you remain in compliance with this office.
Should I provide patient information to the OPMC?
Throughout your medical career, you may have been conditioned to keep patient information confidential due to the Health Insurance Portability and Accountability Act (HIPAA). Namely, this Act ensures that patient information is kept private, including items as standard as their name, address, date of birth, Social Security number, etc., and not disclosed to any outside party without their explicit consent.
However, you must understand that the OPMC and OPD are exempt from HIPAA rules and regulations. Meaning, their investigation committees are well within their rights to request and receive a patient’s medical records and history without their signed consent. Similarly, you cannot refuse to let a patient have a copy of their medical records. This is regardless of whether you fear they intend to use this evidence to pursue a medical malpractice lawsuit against you, in tandem with your OPMC or OPD disciplinary action. You also cannot say you no longer have their records saved, as medical professionals are required, by law, to keep them for six years after a patient’s last visit.
What happens if I fail to comply with the OPMC’s request?
To reiterate, you are legally obliged to provide patient information to the OPMC or OPD with or without the presence of a patient’s consent form. Importantly, a failure to comply may lead to serious consequences, even if you are ultimately found not guilty of medical misconduct. Specifically, they may send you a letter of reprimand, impose a hefty fine, put you on probation, or, in a worst-case scenario, revoke your medical license.
So, if you truly believe you have nothing to hide, it is in your best interest to simply go along with anything the OPMC or OPD asks of you. Just so you do not follow their directions blindly, though, you should consult with your lawyer regarding any order that comes your way.
In conclusion, you should retain legal representation before you even get close to submitting your patient’s information. So please, contact one of the talented New York City OPMC/OPD misconduct defense lawyers from Walker Medical Law today.
