What should I do if I have property that is the subject of a seizure under the Civil Forfeiture Act?
What should I do if I have property that is the subject of a seizure under the Civil Forfeiture Act? https://youtu.be/BEBliG0fZYc Speaker 1: One of the most important things to know about any seizure of any property or bank accounts is that there is an ongoing criminal investigation against you that is extremely serious. You should […]
I am a medical doctor with a solo practice. What is the best structure for my medical practice?
I am a medical doctor with a solo practice. What is the best structure for my medical practice? Speaker 1: There’s some debate currently about whether having a corporation or having a limited liability company gives a physician more flexibility in his or her new practice. A corporation can be a professional service corporation, sometimes called […]
What is the corporate practice of dentistry and what does it prohibit?
What is the corporate practice of dentistry and what does it prohibit? https://youtu.be/yb2W3HaZtzE Speaker 1: The corporate practice of dentistry means that a dentist is working for a corporation or other business entity that is controlled by non-dentists. There’s a prohibition in Florida and most other states against this. In Florida, there’s a specific act that […]
I received a letter from my hospital peer review committee advising me of a meeting that I should attend to answer questions. What should I do?
I received a letter from my hospital peer review committee advising me of a meeting that I should attend to answer questions. What should I do? https://youtu.be/1fwXK0fwj6M Speaker 1: Peer review matters in a hospital are most often doctor to doctor activities that do not involve lawyers in the process that early in the stage. You […]
I am a doctor contemplating an employment relationship with a hospital. Should I sign the agreement even though I have not had an attorney review it?
I am a doctor contemplating an employment relationship with a hospital. Should I sign the agreement even though I have not had an attorney review it? https://youtu.be/B-JbIEyVf7s Speaker 1: It is never recommended to sign a contract with any entity without having your health lawyer review it. There can be terms that you don’t understand […]
Can a Medicare provider have its Medicare number revoked if mail from a Medicare carrier (such as First Coast service Options, Inc. or Palmetto GMA) is returned.
Can a Medicare provider have its Medicare number revoked if mail from a Medicare carrier (such as First Coast service Options, Inc. or Palmetto GMA) is returned. https://youtu.be/0HH3pP88v8M Speaker 1: Yes, it can. A Medicare provider is required, by law, to keep all of its addresses on file with the Medicare program up to date, constantly. […]
What are “Recovery Audit Contractor Audits” (RAC Audits) and should I be concerned about them?
What are “Recovery Audit Contractor Audits” (RAC Audits) and should I be concerned about them? Speaker 1: Recovery audit contractor audits, or RAC audits are an audit by a private corporation that contracts with Medicare. These are often called head hunters. They get rewarded by every dollar that they recover for the federal government, so they […]
Will Medicare deactivate a provider’s Medicare number if the Medicare carriers’ solo practitioners’ brochure is returned to the sender because of an invalid address?
Will Medicare deactivate a provider’s Medicare number if the Medicare carriers’ solo practitioners’ brochure is returned to the sender because of an invalid address? https://youtu.be/OlTFUYJKaAsSpeaker 1: The Medicare administrative contractors such as First Co. Service Options in Florida or Palmetto GBA are authorized to terminate or revoke a billing number for a Medicare provider if any […]
Could you explain the Three Strikes Rule and how it affects a physician licensed in the State of Florida.
Could you explain the Three Strikes Rule and how it affects a physician licensed in the State of Florida. Speaker 1: The Three Strikes Rule was passed several years ago, and it says that if a physician has three different medical negligence cases decided against him or her, where it is found that that physician has […]
I am a physician. I received a letter from an investigator about a complaint filed against me. Should I send the investigator my statement?
I am a physician. I received a letter from an investigator about a complaint filed against me. Should I send the investigator my statement? Speaker 1: The short answer to this question, is no. Any statement you make, oral or written, can be used against you even though it may seem to you to be exculpatory, […]
I am a physician. I received a letter from the Department of Health (DOH) containing an administrative complaint. Should I agree to an informal hearing?
I am a physician. I received a letter from the Department of Health (DOH) containing an administrative complaint. Should I agree to an informal hearing? Speaker 1: This means that an investigation of a complaint against your medical license has proceeded significantly, and there are formal charges pending against you. Often physicians and other licensed […]
I am a physician working as an employee in a pain management clinic. The clinic has received a number of subpoenas from the Department of Health for copies of records. Why is this?
I am a physician working as an employee in a pain management clinic. The clinic has received a number of subpoenas from the Department of Health for copies of records. Why is this? Speaker 1: Currently in Florida, as in many other states, pain management physicians are under increased scrutiny by the departments of health of […]
I am a registered nurse. I have received a letter from the Florida Department of Health (DOH) advising me that a complaint has been filed against my license. What should I do?
I am a registered nurse. I have received a letter from the Florida Department of Health (DOH) advising me that a complaint has been filed against my license. What should I do? Speaker 1: Any complaint in Florida is initiated by a simple letter from the Florida Department of Health. That would be against any licensed […]
I have received an election of rights (EOR) form together with an administrative complaint (or notice of intent). Do I need an attorney to assist me in completing it?
I have received an election of rights (EOR) form together with an administrative complaint (or notice of intent). Do I need an attorney to assist me in completing it? Speaker 1: The short answer to this question is yes you do. An administrative complaint is a formal charging document letting you know that formal charges have […]
I am a physician. I received a letter from the Department of Health (DOH) indicating it has issued an emergency order to suspend my license to practice medicine. What should I do?
I am a physician. I received a letter from the Department of Health (DOH) indicating it has issued an emergency order to suspend my license to practice medicine. What should I do? Speaker 1: This is an extremely serious matter. It will mean that this is a public record that’s available to anyone on the Internet […]
I received a letter from a company claiming to be a Zone Program Integrity Contractor (ZPIC) for the Medicare Program stating it wanted to audit my practice. What is a ZPIC?
I received a letter from a company claiming to be a Zone Program Integrity Contractor (ZPIC) for the Medicare Program stating it wanted to audit my practice. What is a ZPIC? Speaker 1: A Zone Program Integrity Contract, or as one of the corporations that contract with the Centers for Medicare and Medicaid Studies to help […]
Is there a statute of limitations for administrative charges brought against my license as a healthcare professional?
Is there a statute of limitations for administrative charges brought against my license as a healthcare professional? Speaker 1: In Florida, several years ago the Florida legislature did pass a statute of limitations for licensure complaints involving physicians and other licensed healthcare professionals. There are many exceptions, such as if there’s fraud, or if there is […]
I received a letter from the Agency for Health Care Administration (AHCA) requesting copies of patient medical records for a Medicaid audit. What should I do?
I received a letter from the Agency for Health Care Administration (AHCA) requesting copies of patient medical records for a Medicaid audit. What should I do? Speaker 1: In Florida, the Agency for Health Care Administration is the government agency that’s responsible for administering the Medicaid program and for conducting audits of the Medicaid program. This […]
I received a letter from the hospital where I hold clinical privileges. The letter makes references to my causing disruptions in the hospital. Should I be concerned?
I received a letter from the hospital where I hold clinical privileges. The letter makes references to my causing disruptions in the hospital. Should I be concerned? Speaker 1: Yes, you should. Any latter addressing your peer review process or your clinical privileges is a matter to be concerned about, especially one that might mention disruptions […]
I received in the mail a letter from the Florida Department of Health with a Nondisciplinary Citation in it. What is this and what should I do?
I received in the mail a letter from the Florida Department of Health with a Nondisciplinary Citation in it. What is this and what should I do? Speaker 1: Ordinarily, the Florida Department of Health will offer a nondisciplinary citation in lieu of any major punishment for minor offenses such as not having the right […]
Is it true that your medical license can be suspended for failure to pay your child support obligations?
Is it true that your medical license can be suspended for failure to pay your child support obligations? Speaker 1: Yes. In Florida, as in most states now, your medical license can be suspended for your failure to comply with state statutory obligations or federal statutory obligations, such as the necessity to pay child support, or […]
Recently my nurse supervisor told me the hospital was requiring several nurses to “voluntarily” submit to urinalysis drug tests. Should I agree to voluntarily submit to a urinalysis drug test?
Recently my nurse supervisor told me the hospital was requiring several nurses to “voluntarily” submit to urinalysis drug tests. Should I agree to voluntarily submit to a urinalysis drug test? Speaker 1: If the drug test is truly voluntary, you should not agree to it. You should immediately consult with an experienced health law attorney that […]
Should I voluntarily relinquish my professional license because I am being investigated?
Should I voluntarily relinquish my professional license because I am being investigated? Speaker 1: As a general rule, you should never voluntarily relinquish your professional license after you have some notice of an investigation, even if you have licenses in other states. A voluntary relinquishment in the face of an investigation, once an investigation has been […]
What happens if I am sued for something I did as a VA physician?
What happens if I am sued for something I did as a VA physician? Speaker 1: If you’re a VA physician employed by the Veteran’s Administration, then you are covered by the Federal Tort Claims Act. This means you yourself have immunity from suit and the government is required to answer any lawsuits. You cannot […]
What should I do if I receive notice from the VA that I may be reported to the NPDB?
What should I do if I receive notice from the VA that I may be reported to the NPDB? Speaker 1: We consult with many physicians that receive notice often years after the fact. One, seven years after the fact, and he was no longer working for the VA. The physician must request all of the […]
Dentists, What If You or Someone on Your Staff Tests Positive for COVID-19?
By Achal A. Aggarwal, M.B.A., J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law You or a member of your staff has a confirmed case of COVID-19. What now? Your primary concern is for the individual affected. However, as a health professional operating a professional practice, you also have a […]