ADA Files Class Action Lawsuit For Antitrust Violations
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On November 26, 2019, the American Dental Association (ADA) and two individual dentists filed a class-action lawsuit against the Delta Dental Plans Association, its affiliated national entities, and 39 independent Delta Dental companies. The suit alleges the provider network engaged in anticompetitive conduct and violated federal antitrust laws.
The ADA filed its lawsuit in the U.S. District Court for the Northern District of Illinois.
Details of the Suit.
The complaint alleges Delta Dental allocated territories of operation and divided the national market to restrict competition, reduce reimbursement rates, and force unfavorable coverage to dentists. “Its harm is reflected in the suppression of compensation below levels that would prevail in a competitive marketplace to dentists who are members of the Delta Dental provider network,” the suit alleges.
Hurting Both Dentists and Patients.
The complaint goes on to say that Delta’s anticompetitive acts hurt both dentists and patients by limiting the choices of dental care available. When compensation can’t cover dentists’ costs, they aren’t able to take time from commercially insured customers and serve the dental needs of other patients, like those on Medicaid, said the ADA.
Click here to view the complaint in this case in full.
To read the press release issued by the ADA, click here.
Click here to read one of my prior blogs on a similar case dealing with dentists and an antitrust case.
Contact Health Law Attorneys Experienced in Representing Dentists.
The attorneys of The Health Law Firm provide legal representation to dentists in the Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Board of Dentistry and other types of investigations of health professionals and providers.
Our firm also routinely represents physicians, dentists, orthodontists, medical groups, clinics, pharmacies, home health care agencies, nursing homes and other health care providers in AHCA investigations, audits and recovery actions, as well as Medicare and Medicaid investigations, audits and recovery actions.
To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.
Sources:
Cullen, Anne. “Dentists Sue Delta Dental Over Antitrust Conspiracy.” Law360. (November 27, 2019). Web.
Versaci, Mary Beth. “American Dental Association files lawsuit against Delta Dental.” ADA. (November 26, 2019). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.
KeyWords: Legal representation for dentists, legal counsel for dentists, dentist defense attorney, complex health care litigation attorney, complex civil litigation attorney, complex healthcare litigation lawyer, complex medical litigation lawyer, representation for complex medical litigation, representation for healthcare business litigation matters, dentist defense lawyer, dentist defense legal counsel, dentist defense attorney, board of dentistry defense attorney, board of dentistry defense lawyer, board of dentistry defense legal representation, attorney legal representation, legal representation for Federal Trade Commission (FTC) investigations, The Health Law Firm, reviews of The Health Law Firm Attorneys, The Health Law Firm attorney reviews, dental board defense attorney, dental board defense legal counsel
The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2019 The Health Law Firm. All rights reserved. federal antitrust laws, health defense attorney, health defense lawyer, legal representation for dentists, health law firm, The Health Law Firm
2019’s Largest Healthcare Fraud Case Ever Prosecuted: No Surprise, Florida Wins!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
For years, Florida has topped the lists with the highest rates of Medicare and Medicaid fraud and abuse. But even by the standards of Florida’s rampant healthcare fraud, this 2019 case stands out for its sheer size, making Florida, once again, the leader in fakes and frauds. Often joked and written about by Florida novelists such as Carl Hiassin and Tim Dorsey, this case serves to highlight why the “Debtor’s Haven” state often excels in cases of healthcare fraud.
In April 2019, after decades of alleged schemes, illegal kickbacks and money laundering in connection with fraudulent claims to Medicare and Medicaid, Phillip Esformes was sentenced to 20 years in prison. He was also ordered to pay $44.2 million in money forfeitures and restitution, and forfeiture of his ownership interests in several skilled nursing homes.
A federal district judge sentenced the South Florida health care facility owner after he was found guilty in the largest health care fraud scheme ever charged by the U.S. Justice Department (DOJ).
A Case of “Epic” Fraud.
The nursing home mogul was accused of paying bribes and receiving kickbacks in a massive $1 billion Medicare fraud case touted by federal prosecutors as the largest in the nation. During an eight-week jury trial, prosecutors argued that Esformes himself made $38 million from Medicare and Medicaid payments between 2010 and 2016. Additionally, his South Florida network received more than $450 million through bribes and though services that weren’t medically necessary or which were never provided, according to the prosecution’s case.
To learn more about this case, click here to read one of my prior blogs.
Convicted, But Not of Healthcare Fraud.
The shocker, in this case, is that the federal jury convicted Esformes on 20 counts of conspiracy to defraud the taxpayer-funded Medicare program. The lack of a conviction for healthcare fraud itself was puzzling. Many of his alleged co-conspirators had already pled guilty to health care fraud and some had even testified against him at trial. To learn more, click here to read one of my prior blogs on another individual involved in the case.
Despite being billed as the largest healthcare fraud case prosecuted in U.S. history, it is also a stark reminder to prosecutors of how tricky it can be to secure a conviction on any particular charge.
To read the DOJ’s press release about this case in full, click here.
Contact Health Law Attorneys Experienced in Handling Medicare Audits, Investigations and other Legal Proceedings.
The attorneys of The Health Law Firm represent healthcare providers in Medicare and Medicaid audits, and in ZPIC and RAC audits throughout Florida and across the U.S. We also represent health providers in civil and administrative litigation by government agencies and insurance companies attempting to recoup claims that have been paid. Our attorneys also represent physicians, medical groups, nursing homes, home health agencies, pharmacies, hospitals and other healthcare providers and institutions in Medicare and Medicaid investigations, recovery actions and administrative actions seeking termination from Medicare and Medicaid Programs.
The Health Law Firm’s attorneys routinely represent physicians, dentists, pharmacists, psychotherapists, medical groups, clinics, pharmacies, assisted living facilities (ALFs), home health agencies, nursing homes, group homes and other healthcare providers in Medicaid and Medicare investigations, audits and recovery actions.
To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.
Sources:
Weaver, Jay. “Miami healthcare exec Esformes sentenced to 20 years in biggest Medicare fraud case.” Miami Herald. (September 12, 2019). Web.
Hale, Nathan. “The Biggest Stories In Florida Legal News Of 2019.” Law360. (December 20, 2019). Web.
Jackson, David. “Nursing home mogul Philip Esformes sentenced to 20 years for $1.3 billion Medicaid fraud.” Chicago Tribune. (September 13, 2019). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620.
Keywords: Medicare and Medicaid fraud defense attorney, legal representation for Medicare and Medicaid fraud defense, Medicare and Medicaid fraud defense legal counsel, Medicare and Medicaid fraud defense lawyer, defense of Medicare and Medicaid fraud charges, CMS, ZPIC and RAC audit defense attorney, CMS, ZPIC and RAC audit defense lawyer, CMS, ZPIC and RAC audit legal representation, Medicaid Fraud Control Unit (MFCU) defense attorney, health care clinic fraud audit, Medicaid Fraud Control Unit (MFCU) defense lawyer, Medicaid Fraud Control Unit (MFCU) defense legal counsel, Medicaid Fraud Control Unit (MFCU) subpoena defense attorney, Medicaid Fraud Control Unit (MFCU) subpoena legal representation, Medicaid Fraud Control Unit (MFCU) subpoena defense lawyer, OIG, HHS, DOJ and U.S. Attorney subpoena defense lawyer, OIG, HHS, DOJ and U.S. Attorney subpoena defense attorney, OIG, HHS, DOJ and U.S. Attorney subpoena legal representation, legal representation for allegations of Medicare fraud, legal representation for health care fraud, healthcare fraud defense attorney, healthcare fraud defense lawyer, reviews of the Health Law Firm, The Health Law Firm attorney reviews, Health law defense attorney, healthcare fraud defense legal representation, legal representation for submitting false claims, false claims defense lawyer, false claims legal defense representation, false claims defense attorney, Medicare and Medicaid investigation defense attorney, legal representation for Medicare and Medicaid investigations, OIG investigation defense attorney, legal representation for OIG investigations, Department of Justice (DOJ) investigation defnse, DOJ defense representation, False Claims Act (FCA) legal defense attorney lawyer, False Claims Act (FCA) defense legal representation counsel, Anti-Kickback Statute (AKS) defense attorney, AKS legal defense representation, AKS defense lawyer
“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2019/2020 The Health Law Firm. All rights reserved.
Nursing Student Claims Sexual Harassment, Retaliation in Lawsuit Filed Against North Carolina Lawsuit
By Carole C. Schriefer, R.N., J.D.
On November 29, 2019, a former University of North Carolina nursing student sued the school’s Greensboro campus, saying it improperly dismissed from her a program a month before graduation. She filed two separate suits. She claims she was forced to endure sexual harassment as a student for years. Then, when she accused a supervisor of misconduct, she was gradually pushed out of the nursing program, according to the lawsuit.
She is suing the University of North Carolina’s Greensboro nursing department in state court and UNC’s Board of Directors along with the Raleigh School of Nurse Anesthesia in federal court.
Lawsuit Describes Alleged Sexual Harassment, Retaliation.
According to the suit, the harassment began less than a year after she enrolled in the Doctor of Nursing Program at UNCG in August 2015, with hopes of becoming a nurse anesthesiologist. She was put under the supervision of a male certified registered nurse anesthetist, or CRNA. In her suit, she alleges that her supervisor began acting inappropriately almost immediately.
When she reported the harassment in July 2016, that’s when the retaliation started, claims the lawsuit. “They started trying to find things,” she reportedly said. She claims that one supervisor told her “If I can’t get you for this, I can get you for something else.” A few months later, on October 31, 2016, she states she was given additional clinical work and reassigned to work with the same CRNA she had previously reported for harassment, according to court documents.
In June 2018, a month before she was to graduate, she was dismissed from the program for what the school said were unsafe nursing practices. She appealed and UNCG allowed her to re-enroll in January 2019 for a tuition of $10,000. However, a month later, she was dismissed again for unsafe nursing practices. UNCG then refused any further appeals and upheld her dismissal in May 2019.
The nursing student is seeking unspecified damages, including loss of income and repayment of tuition, according to the lawsuit.
To read one of my prior blogs on a similar case dealing with a harassment lawsuit at Rutgers University, click here.
Contact Experienced Health Law Attorneys Representing Medical Students, Residents and Fellows.
The Health Law Firm routinely represents medical students, residents, and fellows who run into difficulties and have disputes with their medical schools or programs. We also represent other health providers in investigations, regulatory matters, licensing issues, litigation, inspections, and audits involving the DEA, Department of Health (DOH) and other law enforcement agencies. Its attorneys include those who are board-certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys.
To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.
Sources:
“Lawsuit describes harassment, retaliation at UNCG nursing school.” Greensboro News & Record. (December 3, 2019). Web.
Waggoner, Martha. “Lawsuit describes harassment, retaliation at Nursing School.” The Washington Post. (December 3, 2019). Web.
About the Author: Carole C. Schriefer is an attorney and registered nurse. She practices with The Health Law Firm, which has a national practice. Its regional office is in the Northern Colorado, area. www.TheHealthLawFirm.com The Health Law Firm, 155 East Boardwalk Drive, Fort Collins, Colorado 80525. Phone: (970) 416-7456. Its main office is in the Orlando, Florida area.
KeyWords: Legal representation for nursing students, legal representation for nurse practice students, legal representation for nurse anesthetist students, nursing student attorney, nurse practice attorney, nurse anesthetist student attorney, nursing student legal counsel, nurse practice legal counsel, nurse anesthetist legal counsel, education law attorney for health professionals, education law legal counsel for health professional students, education law lawyer for health professional students academic review hearing attorney, nursing board defense attorney, nursing board defense legal representation, nursing school attorney, nursing school lawyer, nursing school legal counsel, nursing school legal defense counsel, legal dispute with nursing school, legal representation for CRNAs, attorney for CRNAs, lawyer for CRNAs, The Health Law Firm reviews, reviews of The Health Law Firm attorneys, board of nursing legal defense counsel, board of nursing defense lawyer, board of nursing defense attorney
“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2020 The Health Law Firm. All rights reserved.
Nursing Student Claims Sexual Harassment, Retaliation in Lawsuit Filed Against UNC Greensboro
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On November 29, 2019, a former University of North Carolina nursing student sued the school’s Greensboro campus, saying it improperly dismissed from her a program a month before graduation. She filed two separate suits. She claims she was forced to endure sexual harassment as a student for years. Then, when she accused a supervisor of misconduct, she was gradually pushed out of the nursing program, according to the lawsuit.
She is suing the University of North Carolina’s Greensboro nursing department in state court and UNC’s Board of Directors along with the Raleigh School of Nurse Anesthesia in federal court.
Lawsuit Describes Alleged Harassment, Retaliation.
According to the suit, the harassment began less than a year after she enrolled in the Doctor of Nursing Program at UNCG in August 2015, with hopes of becoming a nurse anesthesiologist. She was put under the supervision of a male certified registered nurse anesthetist, or CRNA. In her suit, she alleges that her supervisor began acting inappropriately almost immediately.
When she reported the harassment in July 2016, that’s when the retaliation started, claims the lawsuit. “They started trying to find things,” she reportedly said. She claims that one supervisor told her “If I can’t get you for this, I can get you for something else.” A few months later, on October 31, 2016, she states she was given additional clinical work and reassigned to work with the same CRNA she had previously reported for harassment, according to court documents.
In June 2018, a month before she was to graduate, she was dismissed from the program for what the school said were unsafe nursing practices. She appealed and UNCG allowed her to re-enroll in January 2019 for a tuition of $10,000. However, a month later, she was dismissed again for unsafe nursing practices. UNCG then refused any further appeals and upheld her dismissal in May 2019.
The nursing student is seeking unspecified damages, including loss of income and repayment of tuition, according to the lawsuit.
To read one of my prior blogs on a similar case dealing with a harassment lawsuit at Rutgers University, click here.
Contact Experienced Health Law Attorneys Representing Medical Students, Residents and Fellows.
The Health Law Firm routinely represents medical students, residents, and fellows who run into difficulties and have disputes with their medical schools or programs. We also represent other health providers in investigations, regulatory matters, licensing issues, litigation, inspections, and audits involving the DEA, Department of Health (DOH) and other law enforcement agencies. Its attorneys include those who are board-certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys.
To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.
Sources:
“Lawsuit describes harassment, retaliation at UNCG nursing school.” Greensboro News & Record. (December 3, 2019). Web.
Waggoner, Martha. “Lawsuit describes harassment, retaliation at Nursing School.” The Washington Post. (December 3, 2019). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.
KeyWords: Legal representation for nursing students, legal representation for nurse practice students, legal representation for nurse anesthetist students, nursing student attorney, nurse practice attorney, nurse anesthetist student attorney, nursing student legal counsel, nurse practice legal counsel, nurse anesthetist legal counsel, education law attorney for health professionals, education law legal counsel for health professional students, education law lawyer for health professional students academic review hearing attorney, nursing board defense attorney, nursing board defense legal representation, nursing school attorney, nursing school lawyer, nursing school legal counsel, nursing school legal defense counsel, legal dispute with nursing school, legal representation for CRNAs, attorney for CRNAs, lawyer for CRNAs, The Health Law Firm reviews, reviews of The Health Law Firm attorneys, board of nursing legal defense counsel, board of nursing defense lawyer, board of nursing defense attorney
“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2020 The Health Law Firm. All rights reserved.
Finding an HPSO Attorney to Defend you in a Complaint Against Your Mental Health Counselor or Social Workers License
By Carole C. Schriefer, R.N., J.D.
Many licensed mental health counselors (LMHCs), licensed clinical social workers (LCSWs), Licensed Marriage and Family Therapists (LMFT), and other mental health professionals carry professional malpractice insurance through Healthcare Providers Service Organization (HPSO) or one of the many other insurance companies. What they may not realize is that their insurance will pay for their legal defense expenses if there is a complaint filed against their license, they receive a subpoena, or they are accused of violating HIPAA or a client’s medical confidentiality.
Under such policies, the insurance company will pay the legal fees and other costs related to your defense. However, you will be required to locate and retain the appropriate attorney to represent you in the matter.
What to Look For When Retaining an Attorney to Defend You.
1. The primary qualification for any attorney you hire to represent you should be her experience in working with health professionals in the same field. If the attorney is not familiar with your area of health practice, it may be difficult for that attorney to get up to speed to represent you properly.
2. If you come across an attorney who states that he or she will help you make a statement or assist you in the investigation, but does not appear in hearings, then this is the wrong attorney. You need an attorney that can represent you from start to finish.
3. Seek and retain an attorney who accepts the insurance that you have, whether it is HPSO Insurance, CPH & Associates Insurance, Philadelphia Insurance, Trust Management Services, or another national company. This will ensure that you have an attorney who will give you the lower rates the insurance company had negotiated and will have a good working relationship established with your insurance company. If an attorney with our firm cannot represent you, we will try to find an attorney who will.
4. You also want to retain the services of an attorney who has appeared before your professional board or professional licensing authority in investigations and hearings, especially formal administrative hearings.
5. Often you will come across an attorney who only wants you to accept a consent order, stipulation, or settlement agreement. Remember that these are all merely plea bargains and you will be pleading guilty to whatever offenses are charged. In most cases, you will be innocent and need a formal administrative hearing in order to prove this.
6. You don’t necessarily need an attorney in your city, state, or location. Almost all the work on the case will be done by telephone and e-mail. You usually have only one meeting or hearing and, depending on what type of hearing it is, it could be located in many different locations. Our attorneys will travel to those locations for meetings and hearings.
7. Beware of attorneys who hold themselves out in Internet advertising as health attorneys or professional license defense attorneys but are really some other type of attorneys. We see this a lot from medical malpractice attorneys and criminal defense attorneys. Be sure you get an attorney that concentrates his or her practice in defending those in your specialty board complaints, investigations and hearings.
8. If you can’t find an attorney to meet your immediate needs through an Internet search, you may contact your insurance company or professional association and ask if they have a list of attorneys that can do the legal work you require.
For example, you may reach Healthcare Providers Service Organization at (800) 982-9491; you can reach Nurses Service Organization (NSO) at (800) 247-1500; you can reach CPH & Associates at (800) 875-1911 or (312) 987-9823. You can also access a list of professional license defense attorneys online at https://taana.org/referral/.
To learn more about finding an HPSO attorney to defend you in such matters, click here to read one of my prior blogs.
Contact Health Law Attorneys Experienced Investigations of Mental Health Counselors, Psychologists, Social Workers and Family Therapists.
The attorneys of The Health Law Firm provide legal representation to mental health counselors, psychologists, social workers, and family therapists in Department of Health (DOH) investigations, FBI investigations and other types of investigations of health professionals and providers. To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.
In cases in which the health care professional has professional liability insurance or general liability insurance which provides coverage for such matters, we will seek to obtain coverage by your insurance company and will attempt to have your legal fees and expenses covered by your insurance company. If allowed, we will agree to take an assignment of your insurance policy proceeds in order to be able to submit our bills directly to your insurance company.
We also defend health professionals and health facilities in general litigation matters and business litigation matters.
To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.
About the Author: Carole C. Schriefer is an attorney and registered nurse. She practices with The Health Law Firm, which has a national practice. Its regional office is in the Northern Colorado, area. www.TheHealthLawFirm.com The Health Law Firm, 155 East Boardwalk Drive, Fort Collins, Colorado 80525. Phone: (970) 416-7456. Its main office is in the Orlando, Florida area.
KeyWords: Healthcare Providers Service Organization (HPSO) Insurance defense attorney, HPSO lawyer, representation for HPSO matters, representation for professional liability insurance cases, representation for licensed mental health counselors (LMHCs), mental health counselor defense lawyer, mental health counselor representation, social worker defense lawyer, representation for social workers, social worker defense attorney, social worker complaint cases, mental health counselor complaint cases, defense lawyer for psychologists, Florida health law defense attorney, medical license defense, Florida Department of Health (DOH) attorney, representation for DOH investigations, DOH defense lawyer, representation for Agency for Health Care Administration (AHCA) investigation, AHCA complaint defense, administrative complaint lawyer, administrative complaint defense, administrative hearings defense, representation for health care professionals, representation for doctors, representation for nurses, The Health Law Firm reviews, reviews of The Health Law Firm attorneys
“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2020 The Health Law Firm. All rights reserved.
Finding a Healthcare Provider Service Organization (HPSO) Insurance Attorney to Defend you in a Complaint Against Your Mental Health Counselor or Social Workers License
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
Many licensed mental health counselors (LMHCs), licensed clinical social workers (LCSWs), licensed marriage and family therapists (LMFT), and other mental health professionals carry professional malpractice insurance through the Healthcare Providers Service Organization (HPSO) or one of the many other professional liability insurance companies. What they may not realize is that their insurance will pay for their legal defense expenses if there is a complaint filed against their license, if they receive a subpoena, if they are noticed for a deposition, or if they are accused of violating HIPAA or a client’s medical confidentiality rights.
Under such policies, the insurance company will pay the legal fees and other costs related to your defense. However, you will be required to locate and retain the appropriate attorney to represent you in the matter. So how do you go about doing this?
What to Look For When Retaining an Attorney to Defend You.
1. The primary qualification for any attorney you hire to represent you should be her experience in working with health professionals in the same field. If the attorney is not familiar with your area of health practice, it may be difficult for that attorney to get up to speed to represent you properly.
2. If you come across an attorney who states that he or she will help you make a statement or assist you in the investigation, but does not appear in hearings, then this is the wrong attorney. You need an attorney that can represent you from start to finish.
3. Seek and retain an attorney who accepts the insurance that you have, whether it is HPSO Insurance, CPH & Associates Insurance, Philadelphia Insurance, Trust Management Services, or another national company. This will ensure that you have an attorney who will give you the lower rates the insurance company had negotiated and will have a good working relationship established with your insurance company. If an attorney with our firm cannot represent you, we will try to find an attorney who will.
4. You also want to retain the services of an attorney who has appeared before your professional board or professional licensing authority in investigations and hearings, especially formal administrative hearings.
5. Often you will come across an attorney who only wants you to accept a consent order, stipulation, or settlement agreement. Remember that these are all merely plea bargains and you will be pleading guilty to whatever offenses are charged. In most cases, you will be innocent and need a formal administrative hearing in order to prove this.
6. You don’t necessarily need an attorney in your city, state, or location. Almost all the work on the case will be done by telephone and e-mail. You usually have only one meeting or hearing and, depending on what type of hearing it is, it could be located in many different locations. Our attorneys will travel to those locations for meetings and hearings.
7. Beware of attorneys who hold themselves out in Internet advertising as health attorneys or professional license defense attorneys but are really some other type of attorneys. We see this a lot from medical malpractice attorneys and criminal defense attorneys. Be sure you get an attorney that concentrates her practice in defending those in your specialty in board complaints, investigations and hearings.
8. If you can’t find an attorney to meet your immediate needs through an Internet search, you may contact your insurance company or professional association and ask if they have a list of attorneys that can do the legal work you require.
For example, you may reach Healthcare Providers Service Organization at (800) 982-9491; you can reach Nurses Service Organization (NSO) at (800) 247-1500; you can reach CPH & Associates at (800) 875-1911 or (312) 987-9823. You can also access a list of professional license defense attorneys online at https://taana.org/referral/.
To learn more about finding an HPSO attorney to defend you in such matters, click here to read one of my prior blogs.
Contact Health Law Attorneys Experienced Investigations of Mental Health Counselors, Psychologists, Social Workers, and Family Therapists.
The attorneys of The Health Law Firm provide legal representation to mental health counselors, psychologists, social workers, and family therapists in Department of Health (DOH) investigations, FBI investigations and other types of investigations of health professionals and providers. To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.
In cases in which the health care professional has professional liability insurance or general liability insurance which provides coverage for such matters, we will seek to obtain coverage by your insurance company and will attempt to have your legal fees and expenses covered by your insurance company. If allowed, we will agree to take an assignment of your insurance policy proceeds in order to be able to submit our bills directly to your insurance company.
We also defend health professionals and health facilities in general litigation matters and business litigation matters.
To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.
KeyWords: Healthcare Providers Service Organization (HPSO) Insurance defense attorney, HPSO lawyer, Florida HPSO defense attorney lawyer, Colorado HPSO defense attorney lawyer, legal representation for HPSO matters in Colorado, legal representation for HPSO matters in Florida, representation for professional liability insurance cases, Louisiana HPSO defense attorney lawyer, legal representation for HPSO matters in Louisiana, HPSO deposition defense coverage, representation for licensed mental health counselors (LMHCs), mental health counselor defense lawyer, licensed professional counselor (LPC) defense attorney lawyer, mental health counselor legal representation, licensed professional counselor (LPC) legal representation, social worker defense lawyer, representation for social workers, social worker defense attorney, social worker complaint cases, Florida Colorado Louisiana mental health counselor complaint cases, defense lawyer for psychologists, Florida health law defense attorney, medical license defense, Florida Department of Health (DOH) attorney, representation for Louisiana and Florida Department of Health (DOH) complaint investigations, Louisiana and Florida Department of Health (DOH) defense lawyer, Colorado Division of Regulatory Agencies (DORA) defense attorney, representation for Florida Colorado Division of Regulatory Agencies (DORA) complaint investigations, Colorado Division of Regulatory Agencies (DORA) defense lawyer, Lousiana LPC Board defense attorney lawyer, Health Law Firm reviews, reviews of The Health Law Firm attorneys, administrative complaint defense lawyer, administrative complaint defense attorney, administrative hearing defense lawyer, administrative hearing defense attorney, administrative hearing defense legal counsel, representation for health care professionals
“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2020 The Health Law Firm. All rights reserved.
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Got a Letter From the USMLE Secretariat Accusing You of Irregular Behavior on the November 2019 Step 2 CS Exam? You Need Legal Help!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
Have you recently received a letter from the United States Medical Licensing Examination (USMLE) Secretariat or the Educational Commission for Foreign Medical Graduates (ECFMG) accusing you of irregular behavior? We have recently been made aware of letters being sent out in January to a number of those who took the Step 2 CS Exam in Houston.
Allegations are being made that some of the test takers (and we understand that there were hundreds taking Step 2 CS prep courses and studying before the examination) may have had actual information from the exam that they were sharing.
The USMLE has often made allegations of this nature regarding notes, outlines, and other materials that individual students and study groups have assembled on their own, using their deductive reasoning and experience. They often accuse the students of having obtained the information directly from the tests, which is, of course, a violation of USMLE and ECFMG policies.
You must challenge such allegations of irregular behavior, explain and refute them and request a hearing on them. Otherwise, you are likely to be found guilty of having committed “irregular behavior” which most medical and residency program administrators and directors consider the same as cheating. Furthermore, if that happens, then all of your future transcripts of your USMLE test scores are then stamped with “IRREGULAR BEHAVIOR” and a letter with the charges against you is attached to it. It then goes with the transcripts whenever they are sent out in the future. This could ruin your chances of getting a license, chances of getting a good residency program and could ruin your whole career as a physician.
Other Types of “Irregular Behavior.”
Examples of the types of conduct which we have seen before include:
– Attending a commercial USMLE preparation course that provides some of the actual examination questions.
– Soliciting information on the contents or questions on the examination.
– Using a cell phone during the examination.
– Talking with another person during the examination.
– Sharing information on the types of questions or cases that were on your examination with another person or a blog over the internet.
These are just a few. For more examples, please see another blog I wrote on this by clicking here.
What Should You Do?
What should you do if you find yourself in this situation?
1. First of all, don’t panic. Read the letter carefully and figure out exactly what is being charged against you.
2. Do not delete or destroy any e-mails, test prep materials or study materials you have on your computer. Your attorney may be able to use these to help defend you.
3. Retain the services of a good, experienced health law attorney who is familiar with the USMLE, ECFMG, and the hearings and proceedings these organizations have. By experience, I mean someone who has represented individuals accused of irregular behavior at the hearings held in Philadelphia on this. Retain one right away.
4. Check the background of whatever attorney you consider hiring to make sure he has the experience and has no unfavorable actions against him in his background.
5. Obtain copies of any receipts you may have had for prep courses and prep materials you ordered or took.
6. Your attorney will request a copy of any files or investigation the USMLE or ECFMG has on you so that you can see what you may need to refute.
7. Do not let the time period go by for requesting a hearing and submitting information and documents.
8. Start obtaining character reference letters and copies of any awards, achievements or accomplishments you have.
9. Submit a good, well-organized package of documents to the organization for the hearing.
10. Request an in-person hearing and be prepared to get to Philadelphia a day ahead of time to work with your attorney to prepare for the hearing.
The foregoing are just a few of the many steps that I try to follow in every case.
Our attorneys have represented many individuals in many different hearings, appeals and test challenges over the years. We can help you.
Again, it is crucial to act decisively and act promptly to prove your innocence and preserve your valuable career in medicine. Click here to learn more about how the firm can help you with USMLE and irregular behavior matters.
Contact a Health Care Attorney Experienced in the Representation of Medical Students, Interns, Residents and Applicants, Fellows and Those Involved in Graduate Medical Education, and those being challenged by the National Board fo Medical Examiners (NBME), the United States Medical Licensing Examination (USMLE) Secretariat , and the Educational Commission for Foreign Medical Graduates (ECFMG)
The Health Law Firm and its attorneys represent interns, residents, fellows and medical school students in disputes with their medical schools, supervisors, residency programs and in dismissal hearings. We have experience representing such individuals and those in graduate medical education programs in various disputes regarding their academic and clinical performance, allegations of substance abuse, failure to complete integral parts training, alleged false or incomplete statements on applications, allegations of impairment (because of abuse or addiction to drugs or alcohol or because of mental or physical issues), because of discrimination due to race, sex, national origin, sexual orientation and any other matters. We routinely help those who have disputes with the National Board fo Medical Examiners (NBME), the United States Medical Licensing Examination (USMLE) Secretariat , and the Educational Commission for Foreign Medical Graduates (ECFMG), including on hearings and appeals concerning “Irregular Behavior,” “unprofessionalism,” and “Irregular Conduct.”
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About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620
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