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Criminal Defense

A Criminal Defense Perspective on Federal Medicare Fraud Involving Pharmacies: Insights from Norman Spencer Law Group

Criminal Defense, Uncategorized

In a world where federal Medicare fraud is unfortunately a significant issue, it is crucial to examine the legal intricacies surrounding such cases. That is especially true  for  cases  involving pharmacies in metropolitan hubs like New York City. Here, we look at this issue from a criminal defense perspective, highlighting the expertise of the Norman Spencer Law Group, a prominent criminal defense law firm.

The Complex Nature of Medicare Fraud Defense

Defending clients accused of Medicare fraud is a complex and challenging task. This form of white-collar crime often involves a network of individuals, pharmacies, and healthcare providers. That makes the cases inherently complicated. Given the potential implications, including hefty fines, imprisonment, and potential loss of professional licenses, hiring the best Medicare Fraud Lawyer is essential.

Healthcare is an intricate system that requires the utmost transparency and accountability to function efficiently and ethically. Unfortunately, fraudulent activities, particularly in the Medicare system, have been a longstanding issue, often casting a gloomy shadow over the healthcare sector. While there are many possible venues for fraud, a rising concern involves pharmacies, especially in bustling metropolitan hubs like New York City.

New York City, the largest city in the United States, is home to thousands of pharmacies . They serve millions of residents and visitors. In recent years, investigations into the city’s Medicare system have uncovered rampant fraud involving pharmacies. These fraudulent activities have not only led to an enormous financial drain on the public purse but also potentially compromised patient safety.

The Anatomy of Medicare Fraud

Federal Medicare fraud within the pharmacy sector takes numerous forms. The most common include prescription fraud, double billing, phantom billing, kickback schemes, and upcoding.

Prescription fraud involves the forgery or alteration of prescriptions to increase the quantity or frequency of medication dispensed. This activity often correlates with controlled substances due to their high street value.

Double billing is another common fraudulent practice, which entails submitting claims for the same prescription multiple times. Phantom billing involves billing for medications or services that were never provided.

Kickback schemes are more intricate, often involving a network of healthcare providers. In these schemes, pharmacies might receive financial benefits or other incentives for referring Medicare patients to certain providers or for filling unnecessary prescriptions.

Finally, upcoding is a subtle yet prevalent form of fraud where pharmacies bill Medicare for a more expensive drug while dispensing a less expensive alternative to the patient.

 

The Response to Fraud

The federal government, alongside state agencies, has been working diligently to combat this growing issue. Tools like data analytics and predictive modeling are now used to detect anomalies in billing patterns that may indicate fraud. These techniques have helped identify and prosecute numerous fraud cases across NYC, recovering millions of dollars.

The Department of Health and Human Services’ Office of Inspector General (OIG) and the Department of Justice (DOJ) are collaborating on this front. New York City also employs a Medicaid Inspector General to handle state-level investigations.

One notable case involved a chain of NYC pharmacies that bilked Medicare out of $30 million through kickback schemes and prescription fraud. The subsequent investigation led to a successful prosecution, highlighting the effectiveness of the measures put in place.

 

The Approach of Norman Spencer Law Group

Norman Spencer Law Group is known for its rigorous defense approach to Medicare fraud cases. Recognizing that each case is unique, the firm develops tailored strategies that aim to either reduce the charges or achieve a complete dismissal.

A fundamental aspect of their approach involves conducting thorough investigations to understand the specifics of the case and identify possible weaknesses in the prosecution’s evidence. They review documentation, audit trails, interview witnesses, and work with expert consultants to analyze the medical necessity of prescriptions, the proper use of Medicare codes, and more.

Navigating Regulatory Complexities: Understanding the intricate layers of healthcare regulation is essential in these cases. The firm’s expertise in federal and state healthcare laws, including the False Claims Act, the Stark Law, and the Anti-Kickback Statute, proves invaluable when building a defense.

Aggressive Representation: Norman Spencer Law Group emphasizes aggressive representation in court, leveraging their deep understanding of healthcare laws and pharmacy operations. They also work tirelessly in pretrial negotiations to potentially resolve cases before reaching court.

Medicare Fraud Cases Involving Pharmacies

In cases involving pharmacies, the defense must carefully scrutinize every aspect of the prosecution’s allegations. Often, these cases hinge on whether the pharmacy knowingly participated in fraudulent activities. The firm might explore potential defenses such as lack of intent, which argues that the accused party had no intention to commit fraud, or challenge the validity of the evidence presented.

Conclusion

Federal Medicare fraud is a grave allegation that requires a diligent and effective defense. It is important for pharmacies, pharmacists, and other involved parties to seek experienced legal counsel when facing such charges. Firms like the Norman Spencer Law Group, with their deep understanding of healthcare law and aggressive defense strategies, play a critical role in ensuring that justice is served. Remember, an allegation is not a conviction, and everyone is entitled to a fair defense.

Filed Under: Criminal Defense, Uncategorized

Protect Your Business With Medicaid Fraud Defense

Criminal Defense, Uncategorized

Medicaid fraud and abuse are some of the most severe allegations a business can face, and the federal government has taken a firm stance on fighting such cases. More than ever, proofing your business against potential fraud and abuse allegations is a good idea. If you are worried about your company’s ability to defend a fraud allegation or just want to cover your bases, Norman Spencer Law Group can help. Our team of attorneys has handled a wide range of healthcare cases, including Medicaid fraud defense and consultation. 

What is Medicaid Fraud and Abuse?

Before going into how to safeguard your business from Medicaid fraud, it is important to know what kind of actions constitute fraud and abuse. Fraud is any intentional deception intended to cause unauthorized benefit, and abuse is any practice inconsistent with proper fiscal and medical business practices. 

These practices result in unnecessary costs for the Medicaid program, cause reimbursements for unneeded medical services, or fail to meet recognized healthcare standards. Several groups can commit fraud and abuse, including: 

  • Managed Care Organizations 
  • Contractors and Subcontractors
  • Healthcare Providers
  • State Employees
  • Medicaid Beneficiaries and Managed Care Enrollee   

There are also many ways that Medicaid fraud and abuse can be committed. These include:

  • Billing for unprovided services
  • Misusing medical codes 
  • Billing for unneeded services
  • Charging for exessive or unneeded medical supplies 
  • Billing for appointments that patients fail to keep

Medicaid Fraud Defense – Laws to Know

On top of the types of fraud and abuse your organization could face, there are many laws that must be followed. Federal and state laws cover Medicaid fraud, but the most important federal laws include:

The False Claims Act (FCA): The FCA is a federal law that protects the government from being overcharged or charged for inferior goods and services. No actual intent to defraud the government is required to trigger an FCA claim. Acting in a way that proves knowledge of a false claim or working with deliberate ignorance is enough.

Anti-Kickback Statute: This federal law makes it a crime to knowingly and willfully pay or receive remuneration – directly or indirectly – to cause or benefit from patient referrals. This also applies to any business involving items and services that federal healthcare programs can reimburse.

Stark Laws: Stark laws, also known as physician self-referral laws, are federal laws that forbid a physician from referring a patient to Medicare or Medicaid reimbursable services via a group through which the physician or the physician’s immediate family members are associated.

Criminal Healthcare Fraud Statute: A federal law forbids going through with or attempting a scheme to interfere with the delivery or payment of healthcare benefits and services. This includes attempts to defraud a healthcare benefit program or deceitfully obtain money owned by any healthcare benefit program.

Exclusion Statute: This federal law allows the Office of Inspector General (OIG) to exclude any healthcare provider from healthcare benefit programs for committing Medicaid fraud, abusing or neglecting patients, or felony convictions surrounding healthcare laws. This statute can also be triggered by any of the above regulations, misdemeanor charges, license suspensions, or revocation. 

Civil Monetary Penalties Law (CMPL): This federal law allows the OIG to charge damages and sometimes exclude a provider from a national healthcare benefits program. Different penalties can be imposed based on the types of violations, up to a maximum of three times the amount claimed for a service. Much like the Exclusion Statute, the above laws can trigger this penalty. 

Steps to Properly Defend Your Business

The first step to protecting your business from Medicaid fraud allegations is to ensure you and your employees are aware of all the types of fraud that apply. Knowing what groups can be involved and how they might commit fraud or abuse is essential. Another crucial step is to be aware of the major federal laws that deal with Medicaid fraud and abuse. Updating your business on federal and state legislation can make a difference in borderline cases. 

Finally, knowing a healthcare attorney with Medicaid fraud defense experience goes a long way. Building this relationship is vital since a lawyer can help prevent you from being caught in the middle of a fraud case in the first place. A Medicaid fraud attorney can also help look at your business’s financials, claims, and employee records to ensure nothing is amiss. Your lawyer will be ready to defend you if something does come up.

Norman Spencer Law Group has a dedicated team of healthcare fraud and abuse lawyers with the expertise you can count on. If you have questions about protecting your business, want to consult with an expert, or find yourself in the middle of a Medicaid fraud allegation, call us. We can set up a free consultation over the phone, via ZOOM, email, or in person.

Filed Under: Criminal Defense, Uncategorized

How to Reinstate Your Medical License

Criminal Defense, Uncategorized

Losing your medical license is distressing for anyone in the healthcare industry. A state medical board can suspend or revoke a physician’s license after wrongdoing or negligence. It’s possible to reinstate your medical license with time and hard work, and at Norman Spencer Law Group, we have a skilled team of licensed attorneys that can help you through the process. We can walk you through every step you need to complete so you can return to practicing medicine in due time.

Reinstating a Suspended License

Reinstating a medical license depends upon the severity of your case and the state where you acquired it. It also depends on whether or not the license in question was suspended or revoked since both cases have differing procedures surrounding reinstatement. A license reactivation form must be submitted in medical license suspension cases. Completing this form also requires filing other forms, such as proof of ongoing medical requirements, drug abuse reporting requirements, child abuse reporting protocols, etc. You will also need to fill out a National Practitioner Data Bank (NPDB) query and provide a curriculum vitae spanning the previous ten years of employment. You must also apply for professional liability insurance, which includes state-mandated minimum coverage amounts.

Depending on the state, there will be specifications about how to submit the form. Some states allow electronic submission, while others only accept it through mail or direct delivery. The state medical board also usually requires clinical skill evaluations and mandatory training programs, especially if a long time has passed after a license suspension. On top of these requirements, the board can also apply tailor-made requirements based on your case, which must follow the letter. The board can delay the form or reactivation until your suspension ends or all of your retraining is completed. Reactivation fees vary by state, and the process takes six months to a few years.

Reinstating a Revoked License

If you need to reinstate your medical license because it was revoked, things become a little more complicated with severe penalties to overcome. It is still possible, however. Before you can apply to reinstate a revoked license, there is a mandatory three-year waiting period. After the three-year mark, you must file for a Petition of Reinstatement. To file the petition properly, you must include at least two letters of support from licensed physicians who support your reinstatement and a written narrative explaining that you have been rehabilitated and why you deserve a second chance. 

After filing the petition, you will have a hearing before an Administrative Law Judge (ALJ). The state medical board attorney will file a Statement of Issues that opposes your reinstatement. The ALJ will hear evidence during the hearing and send a proposed decision to the state medical board. The board has 100 days to accept, change, or deny the decision, though you can appeal.

Showing the board that you have been rehabilitated, retrained, or have learned from your previous mistakes is paramount when filing a Petition of Reinstatement. Any proof of this can make a difference, and letters from supervisors, other physicians, former patients, family members, and friends all count. Also include documents showing that court mandates have been met, mental health provider testimony, certificates of education or rehabilitation, or proof of community service. Much like a suspended license, there are fees involved with reinstating a revoked license, which differ by state. These tend to be more expensive, as a revoked license takes more time to deal with, and the entire ordeal can last several years beyond the mandatory three-year waiting period.

How Our Attorneys Can Help Reinstate Your Medical License

Regardless of whether your license was suspended or revoked, your first order of business before starting reinstatement should be to contact an attorney. This one act can make all of the proceeding steps that much easier. An attorney can help gather all the required documentation for a reactivation application of a Petition of Reinstatement. An attorney can also help you keep track of the critical dates, witnesses, and supplementary documentation and walk you through any board requirements.

A lawyer becomes even more critical if you get a hearing before the state medical board or an ALJ. The hearing is the most crucial step of reinstatement, and having a qualified professional at your side to represent you is vital. Our professional license defense attorneys at Norman Spencer Law Group are very familiar with the particulars of license reinstatement. Do not wait to contact us if you are trying to reinstate your license. We can discuss your case with a free consultation over the phone, via Zoom, email, or even in person.

Filed Under: Criminal Defense, Uncategorized

The Complete Guide on How to Choose & Hire the Best Criminal Defense Lawyer

Criminal Defense, Uncategorized

Until they have to, most people don’t think about hiring a lawyer, let alone a criminal defense lawyer. Knowing how to find a criminal defense attorney is not on a regular person’s mind. Time may come, however, when this question becomes not only relevant but crucial to your quality of life.

At Norman Spencer Law Group, we speak with individuals looking for a defense attorney every day. After years of consulting with prospective clients, we realize that many people who need to retain a criminal lawyer are not prepared to make an educated decision. Instead, they make emotional decisions. That is understandable but is also ineffective. How do you know whether the criminal defense lawyer you hire is the best one for you?

Hiring a criminal defense lawyer is your responsibility, and nobody can make that decision for you in most cases. However, you can educate yourself on some of the basics so you can make that choice with confidence. In this guide, we share some of our thoughts on choosing the best criminal defense lawyer for your unique situation. Some things are self-obvious, but some are not, and some may even seem counter-intuitive. If you have more questions after reviewing this guide, feel free to call us for a consultation.

No Single Lawyer Can Be the Best at Every Legal Branch for Every Client

First, there is no such thing as the best lawyer. Many bar associations frown upon lawyers calling themselves the best in their advertisements, and most people would agree that there is no such thing. There is no best food, just as there are no best doctors or best architects.

Some legal services are suitable for some people but are not so good for others. Some things are always wrong; we all agree to that. However, there isn’t one thing that is always good for everyone at all times. The same goes for attorneys. Let’s apply this to criminal defense lawyers. Some are good at what they do, and some are not. Some are good for some types of criminal cases but not for others. Some are good for certain types of clients but would not fare well with others.

There are many private criminal defense lawyers in the United States. We have more lawyers than any other country, and that number is growing each year as more students enter law schools and more prosecutors leave their jobs to enter private practice. Here are more interesting facts on lawyers:

  • As of 2020, there are 1.33 million lawyers in the U.S.
  • Approximately 50,000 of those are criminal defense attorneys
  • Federal criminal defense attorneys must be admitted to the bar of a specific federal court before practicing in it
  • 57% of consumers search online for a lawyer on their own

The Internet is bustling with thousands of attorney websites, many claiming to be the best or the most experienced in the field. How do you decide which firm is the right one? Let’s break it down.

Look Beyond the Marketing Tactics

Unless you already know a lawyer to speak with or find a lawyer through word of mouth, chances are you are like most other prospective clients. You will turn to the Internet search. You will find an infinite number of sites offering their services. Here, you are at risk of getting lost and making an emotional decision rather than a rational one.

Law firms are businesses. That means that they have to market themselves to get new clients. There is nothing wrong with it. Marketing is vital for any business and always has been. To be successful, the marketing campaign needs to sell to customers or clients. Many firms use bells and whistles to attract clients and push you into making emotional decisions. It’s called converting. This strategy has been used since the beginning of marketing and is not specific to lawyers.

Recognizing this is important. It doesn’t always mean that the firm that uses tacky and loud statements does not provide good services or is unethical. Just remember that when you see a site like that, you are being sold to. Looking beyond what you see on a website will help you make the best decision about hiring a criminal defense lawyer who is right for you.

Federal or State: An Attorney with the Right Experience is Crucial

The most important question you should ask is whether the lawyer you are considering has the right experience. The correct question would be, does the lawyer have the right expertise for your case, your situation, and in the jurisdiction where your case is. No lawyer will admit on their website that they have no experience. That’s something you need to decide for yourself. Here are some thoughts.

If your case is pending in federal courts or if you deal with a federal agency investigating you, then your lawyer must have experience in federal courts and with the relevant agencies. Most laypeople don’t realize that, but federal criminal practice is dramatically different from state criminal practice. Besides various statutes, federal cases are governed by totally different procedural rules.

Some techniques apply to federal practice that are non-existent in state practice. Most defense attorneys focus on state work but have limited experience with federal cases. Some do a little bit of everything. And yes, some lawyers are generalists. They take any case that comes through their door.

A Serious Situation Needs a Specialized Attorney

So, if you are facing a federal investigation or indictment, hire a lawyer who focuses on federal defense. A lawyer who handles other areas of law, as well as criminal defense, may not be your best choice. You would not ask your dentist to do heart surgery. You will not go to a criminal lawyer if you want to get a divorce or consider bankruptcy. Therefore, you naturally need to look for an attorney who helps clients like you in cases like yours. Ideally, that should be that attorney’s primary focus area.

When you look at a law firm’s site, consider that. Larger firms have specialized practice area groups with attorneys who only focus on their areas. Smaller firms do not have that luxury. Many smaller criminal law practices and solo practitioners handle essentially any criminal case. You can see that in their practice areas.

Now, no lawyer is only specializing in only one type of criminal case. That is practically impossible. However, suppose the list of a firm’s criminal practice areas has things like DUI, battery, misdemeanors, domestic violence, and federal crimes. In that case, that firm is a general criminal defense firm. It doesn’t mean that they can’t handle a federal case like yours effectively, but they would probably not be considered specialists in cases like yours. Some bar associations don’t let their lawyers hold themselves as specialists in a particular area, but the idea is that they don’t focus on the type of matters you have.

If you do an Internet search for a particular firm, you may find that they also run sites dedicated to non-criminal areas, such as family law, bankruptcy, negligence, and so on. It is the preferred way of converting clients to keep separate sites and run separate marketing campaigns from a marketing perspective. That is another indication that the lawyer you are looking at is a generalist. Again, it does not mean the lawyer won’t be able to handle your case, but you may want someone with a particular focus on the case like yours.

Beware of Bold Claims and Inflated Results

This is where things get emotional. We are attracted to things we want. Past results are essential, of course. However, if used as bait, they are misleading. Good examples are the words such as “not losing,” “winning,” etc. Lawyers who don’t try cases don’t lose them. Winning is not always what it seems like. As legitimate legal professionals, we’d define winning as securing the best possible outcome for a particular client in a specific matter.

Marketing is essential, but so is giving you a realistic expectation. No lawyer should lead you to believe that you will always have the result you want if you hire that lawyer. That’s not right by any measure.

Read Online Reviews of Defense Attorneys in Context

Research shows that users put almost as much trust in online reviews as in personal recommendations in today’s society. You may see some law firms with a much higher number of client reviews than others. However, one thing to realize is that services like Google require users to have personal accounts to leave reviews. All reviews, including the reviewer’s name, are public. How many individuals are willing to tell the world that they were criminal defendants, investigated, or charged with crimes? Not many. Most would be reluctant to share that information.

Therefore, most firms that are working actively in the industry will have an average number of reviews. When you see a firm with the number of Internet reviews considerably higher than the average, you should ask why did all those former clients willingly let the world know that they had problems with the law?

Are Former Prosecutors Better Defense Attorneys?

Many criminal defense attorneys are former prosecutors. They use that fact in their marketing campaign. The implication is that they are somehow poised to obtain better results. Nothing could be farther from the truth. Some former prosecutors do make excellent defense attorneys. However, there is no correlation between the two. Some former prosecutors are not good defense lawyers at all. Here are some examples:

  • Some former prosecutors had their tenure in local district attorney offices and have little or no experience in the federal system or the particular area of law. That also goes for former federal prosecutors. For example, a lawyer who prosecuted violent federal crimes or drug crimes may not necessarily have a good grasp of handling white-collar crimes or healthcare fraud.
  • Prosecuting defendants requires different skills compared to defending them. To put it simply, it’s much more manageable. Prosecutors have much better resources at their disposal. They have teams of agents and experts who work their cases and make them ready for trial – before the defendant is even aware of anything. The fact patterns and evidence in many criminal cases are such that prosecuting them is often a walk in the park, while defending them is a formidable task.

On the other hand, good defense lawyers are skilled in finding creative solutions, often in impossible situations, to protect their clients. That is something to keep in mind. Some of the best defense attorneys we have seen in the field are those who were never prosecutors. Instead, they spent their careers in the defense bar.

Be Willing to Go Beyond the Free Consultation

Free consultation became a norm amongst many attorneys. Many clients expect free consultations and specifically ask for them. Here are some thoughts. However, it takes time to sit down with a client, listen to their story, analyze their situation, and offer an expert opinion on the matter. After getting the facts and reviewing the documents, lawyers must explain the process to the prospective clients. That takes time and effort.

The only commodity lawyers have in the legal business is time. It is often unrealistic to expect the consultation to be meaningful if it only takes a short time. The truth is that a lawyer who is willing to speak with you for at least an hour for free has this time to spend. That means that the lawyer is not busy or is desperate to get business.

When you get a free consultation, you will usually hear the lawyer tell you how experienced there are and how much you have to pay them. That is not all you want to hear. Remember, you get what you pay for. The words free consultation are sometimes nothing more than a marketing trick to get prospective clients to pick up the phone.

Think of it this way. Have you ever tried to get a free consultation with a doctor when you require medical help? You’d likely never even get beyond a receptionist. Even if you did, no doctor would be able to diagnose you without spending time with you and running and analyzing tests. Lawyers are no different.

So, How Do I Decide Which Lawyer to Hire?

If you read this far, you’re probably asking yourself what to take from all this. Well, we are all human, and we don’t always decide on logic. Emotions still play a massive role in our decision-making process. The best way to make decisions is to combine common sense, knowledge, and yes, feelings. Here is a quick summary that includes a balanced mix:

  • When you need to look for a criminal defense lawyer and don’t know anyone, you should start with online research.
  • Consider the information shared in this article as you go through various sites. Using this guide, you will easily reject most websites you see.
  • Once you are left with the few, you are willing to consider, call them up and speak with them on the phone. Your intuition will suggest which firms to interview.
  • Then, schedule a consultation to speak with the lawyers you feel are the best fit. And yes, remember that paid consultations get you better results.

You always get what you pay for. Saving a few hundred dollars may not seem like a good idea a year from now when you’ve spent thousands, and things don’t go the right way. At Norman Spencer Law Group, we will provide you with the most accurate and comprehensive information possible. We will evaluate your situation and talk with you. Then, you can decide for yourself if we are a good fit for your needs. Please call the firm at (212) 577-6677, or complete our intake form to schedule a meeting.

Filed Under: Criminal Defense, Uncategorized

Who is an Eligible Healthcare Whistleblower?

Criminal Defense, Uncategorized

Whistleblowing refers to disclosing or reporting either evidence or suspicion of illegal activity. This includes healthcare fraud, criminal activity, corruption, or any practice that endangers a patient. Any private individual-employee or not- who has information about such activities can be a healthcare whistleblower. This individual is called a realtor. A healthcare whistleblower can report unlawful conduct internally through their institution or externally to regulators, watchdogs, or the media. Either way, whistleblower information is crucial in exposing institutional wrongdoing, especially in healthcare industries.

What Can a Whistleblower Report?

There are many ways a hospital or healthcare company can commit fraud, but there are a few common types, including: 

  • Billing for services never performed
  • Overcharging for a procedure or charging separately for procedures done together (unbundling)
  • Changing medical records
  • Schemes to sell unneeded prescription medication
  • Any Stark Law violation

Any of these practices are grounds for a healthcare fraud lawsuit which a whistleblower can report.

Whistleblower Regulations, Protections, and Compensation

Though it may seem that whistleblowing is culturally frowned upon and may even be a crime, that is not the case. Whistleblowing is a legally protected right, and many laws exist to support anyone who has blown the whistle. The major laws are:

  • The Whistleblower Protection Act (WPA) 
  • The Occupational Health and Safety Act (OSHA) 
  • The False Claims Act (FCA)
  • Qui Tam laws 

There can also be state-specific laws that apply whistleblower protections on top of federal regulations. Some states even offer reimbursement to a whistleblower for a successful suit. The WPA forbids any punitive action against federal employees from their employers when revealing illegal conduct, mismanagement or waste of funds, an abuse of power, or a danger to public health. 

OSHA protects healthcare workers from any retaliation as a result of blowing the whistle on criminal activity. This includes being demoted, transferred to another department, or being fired. If an employee feels that any retaliation, disciplinary action, or harassment occurred because of whistleblowing, then a case can be opened under this law. The FCA compensates and protects anyone who reveals fraud or any illegal activity that causes the federal government to suffer a financial loss. Many violations of this act occur in the healthcare industry. 

Qui Tam laws involve a healthcare worker prosecuting healthcare fraud, Medicare or Medicaid fraud, or violations of the Anti-Kickback Statute. An individual can receive up to 30% of the total collected settlement. 

Can a Healthcare Whistleblower Remain Anonymous?

Whether a whistleblower can remain anonymous depends on the type of case. In most cases, however, it is difficult to achieve total anonymity for a whistleblower. Federal Rule of Civil Procedure dictates that a lawsuit must name all parties involved in a case. Even if a whistleblower cannot stay anonymous moving forward, all of the laws listed above offer protection from retaliation. 

For example, when an FCA claim is first filed, it is sealed by the U.S. Circuit Court. While the government investigates the validity of a claim, the whistleblower will remain anonymous. However, once a case is unsealed and goes public, it may not be possible to keep the whistleblower’s identity hidden. 

In Qui Tam suits, there are procedures for filing under a pseudonym, but the guidelines and requirements are strict. Considerations for a pseudonym can include:

  • Information that is highly sensitive or personal
  • The whistleblower fears retaliation
  • A suit challenges government or private parties
  • The plaintiff is in danger if their identity is revealed  
  • A plaintiff’s identity is already confidential  
  • A pseudonym enhances public interest 
  • The public interest is weak based on presented information
  • The use of a pseudonym prejudices a defendant
  • Other ways to protect the plaintiff exist

Most courts deny using a pseudonym, even when there is a legitimate fear of retaliation against a whistleblower. 

Things to Keep in Mind and Prepare for Before Blowing the Whistle

There are some things to consider before deciding to blow the whistle. First, figure out if your company has an internal system for reporting whistleblower claims. Second, keep track of any relevant documents or communications that show proof of any violations of the law. If you leak any documents that you do not have access to, then a company can fire you on a non-retaliatory basis. Be careful when gathering data, and make a written report, so it is difficult to dispute the validity of a whistleblower claim.

There is no blanket law covering public health and safety whistleblowing. Any disclosures need to be framed under existing laws. Reports or documents for a claim need to pinpoint exactly what law was broken or how an action constitutes healthcare fraud. Reporting a healthcare law violation on time is also essential. The federal statute of limitations for healthcare fraud according to statute 18 USC 3282 is five years. After that time, a non-capital offense cannot be prosecuted, tried, or punished. There are also state-specific statutes of limitations to be mindful of as well. 

How Healthcare Whistleblower Fraud Attorneys Can Help

If you find yourself in the position to blow the whistle, you should first contact a law firm experienced in healthcare fraud cases. Attorneys that know the ins and outs of healthcare law can help you put together the documents you gather, analyze the data, and give you advice on how to proceed with a case. The Norman Spencer Law Group has the expertise required to handle all types of cases, especially healthcare fraud. We take on even complex issues at both the state and federal levels. If you think you have a whistleblower claim on hand, do not hesitate to contact us. 

Individuals that file a healthcare fraud claim do not have to pay and will get a share of the successful litigation. We offer free consultations, in person or online, and our representatives can meet with you virtually, no matter where you live. Call or team today!  

Filed Under: Criminal Defense, Uncategorized

Can The Medical Board Suspend a Physician’s License?

Criminal Defense, Uncategorized

Every physician requires a license to practice medicine, and specific standards have to be met continuously to keep it. It takes years of training and background checks to get a medical license, and for many physicians losing it is unimaginable. However, professional misconduct, illegal activity, or even an accusation of such activities can be enough for the State Medical Board to suspend a physician’s license. 

Whether a hearing in front of the Medical Board happens because of genuine wrongdoing or an unfounded complaint, the effects can be severe for a physician’s practice and overall career. This includes suspension, probation, or revocation. State Medical Boards take such cases very seriously, and it has a wide range of options with how to handle medical license hearings.

  • Suspension: A medical license suspension is when the Medical Board orders a physician to stop practicing medicine until the Board permits to do so again. 
  • Probation: Probation means the Medical Board takes disciplinary action over a certain period. These actions can involve supervision by another practitioner while practicing, limit the types of procedures a physician can perform, require a physician to get more training, and even mandate medical or psychological treatment. The Medical Board also monitors the probation to make sure that its requirements are being followed. 
  • Revocation: A medical license revocation is when the Medical Board withdraws a physician’s license. The physician is no longer allowed to practice medicine in that state and is the most extreme action that the State Medical Board can take. Failure to comply with a suspension or probation can also lead to license revocation.

Outside of directly affecting a medical license, the Board can also issue fines.

Causes For Board Action to Suspend a Physician’s License

There are many reasons a physician can lose their license or have it limited. While the specific causes that can result in a lost medical license vary based on state laws, common causes include:

  • Unprofessional, dishonorable, or unethical workplace conduct
  • Gross negligence
  • Medical malpractice
  • Illegally prescribing medicine 
  • Fraud
  • Substance abuse
  • Being convicted of a crime 
  • Mental or physical impairment

It is important to remember that evidence, accusations, or complaints about these actions can also happen outside the workplace. The Medical Board can also take action without a complaint being filed or in the case of a single infraction. Courts have often upheld license suspensions and revocations not as a punishment to the physician but as a way of maintaining public safety. License penalties can be punitive as well.

Requesting a Hearing Before The Medical Board

If the board chooses to suspend a medical license, they will notify the licensee via a letter. Another document will provide reasons for a suspension and any other penalties that the board decides. After receiving a suspension notification, a physician has the right to request a hearing in front of the State Medical Board. This request has to be made within 30 days, and a deadline will appear on the notification letter.

A physician can get the Board to reverse a suspension in some cases, but such outcomes are challenging to achieve. A physician can dispute the Board’s decision. In-depth evidence such as medical information, the reasoning for whatever choices they made, and any other relevant workplace documents have to be provided to do so. 

If the Board still moves to suspend a physician’s medical license, the physician can still file for an appeal. Appeals can also occur before the board but can go to a higher court and an administrative judge. Regardless of a higher court ruling, the Medical Board has the final say in suspending or revoking a license.

When a hearing or appeal is not requested, the suspension goes through, and there may be an administrative investigation into the matter to close it off.

Can a Medical License Be Reinstated?

Depending on the state and the terms of suspension or revocation, a medical license can be reinstated after particular procedures are followed. In some states, there is a waiting period before reinstatement can start. To begin the reinstatement process, a physician has to file for a reactivation application.

Based on the state, instructions to fill out the application and access to it may vary. Some states allow it to be printed online, while others send it through the mail. Secondary documents are often required to complete the reactivation application, such as proof of medical and drug education requirements. A physician trying to reinstate their license must also get professional liability insurance, and minimum coverage amounts vary by state as well.

Another hurdle to clear for reinstatement is that physicians must pass clinical skill evaluations and training programs. The amount of time that these programs take to finish depending on the state and license reinstatement can be delayed until these programs are completed. The State Medical Board can also place conditions on a returning physician’s practice, which have to be followed accordingly.

How an Experienced Attorney Can Help When Someone Tries to Suspend a Physician’s License

Defending a medical license is a complicated ordeal. Most courts end up siding with the Board’s decisions in cases of negligence or incompetence. If a physician is at risk of losing their medical license, there is no replacement for a criminal healthcare defense attorney. 

An attorney can defend you during every step of the suspension process. They can help gather documents, witnesses, documents and argue on your behalf at a Board hearing. They can help build your case for any future appeals, too. If a physician does not want to go through with a hearing or appeal, a qualified defense lawyer can advise on how to proceed.

If you are a physician facing an imminent suspension, probation, or revocation, do not hesitate to call the Norman Spencer Law Group. Our team of attorneys is committed to defending physicians, and we have the experience necessary to handle any kind of case a physician may face. Call us now to set up a free consultation. We can talk with you over the phone, ZOOM, or meet you in your state if needed.

Filed Under: Criminal Defense, Uncategorized

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Norman Spencer Law Group PC is a multi-practice law firm, providing tax law services, healthcare law services, government investigations/white collar criminal defense, professional license defense, and business law services. This is an Attorney Advertisement and the information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

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