≡ Menu
Home

How To Use This Section Of Our Website

In this section of our website, we have answered hundreds and hundreds of questions our clients have asked us over the years. Instead of looking all over the Internet for an answer to a question you have about health care law or license defense in New York, spend 10 seconds and see if we have answered it here. Here’s how to find your answer….

One, just to the right, you will see a SEARCH BOX. Just type your question in the box and press your enter key. Every answer on this site that is related to your question will fill your screen.

Or two, just below and to the right, are the Categories we’ve answered questions on. Just go the specific topic you have a question on and click the topic. Every question related to that topic will appear on your screen.

And remember, if you need assistance with health care law or license defense, call us at 212-577-6677.

Yes, a finding of misconduct by OPMC will be reported to various public sources, like the National Practitioner Data Bank, the OPMC website, and on your New York State Physician Profile.

Any search engine will find the record, and it may also be shared with other accrediting agencies or licensing organizations.

You should expect that a misconduct finding from OPMC will stay with you throughout your career, and you’ll have to answer questions about it any time you seek a new position, and even from patients.

The impact it will have will vary, and depends on the specifics of your case. If you are permitted to continue to practice in New York even with a finding of misconduct, then be prepared for that information to come up from time to time.

OPMC has wide discretion in how it sanctions practitioners.

Most OPMC investigations never get to the hearing stage, much less a finding of misconduct.

You should reach out to an independent legal counsel anytime OPMC has questions for you in order to protect your practice, your career, and your license.

An OPMC investigation doesn’t have to interrupt your life or your career. Call our experienced health care license defense attorneys at (212) 577-6677 today.

OPMC can request a comprehensive review of your patient records, but not without showing good reason for the request.

Because of the potential for disruption of your practice and your patients’ presumption of privacy, you should work through an attorney if you receive a request for more than a handful of patient records by OPMC – and even when the request is small, an attorney can still provide important protections.

With small records requests, OPMC is often spot checking based on an allegation related to billing irregularities or something similar, but when the organization wants to take a deep dive into your practice, it’s cause for significant concern.

An experienced health care attorney can help you understand your rights, take over communications with OPMC, and offer guidance so that statements you make in interviews won’t come back to be used against you later.

Our firm works with medical professionals through every step of the OPMC process, with a focus on heading off an investigation so it can’t snowball into a problem for our clients.

When OPMC contacts you, you should contact us. Call our NYC health care defense lawyers at (212) 577-6677 today and schedule a consultation right away.

You’ll have to consult your policy to be sure, but many malpractice policies will cover some or all of the legal fees associated with an OPMC investigation.

There may be limitations in place based on the type of allegations being investigated, but for many healthcare professionals, their liability coverage includes costs related to hiring counsel of the professional’s choice to represent them in an OPMC matter.

It’s also important to purchase the “tail” with a claims made policy. The tail will protect you from liability for incidents that occurred during the coverage period if your policy lapses or you cancel.

Occurrence policies have a guarantee of coverage for events that happened during the insured period, so no tail is required.

The important thing to remember is that experienced legal counsel can mean the difference between significant sanctions that will follow you throughout your career, and a simpler conclusion to an OPMC investigation.

Protect yourself by calling our NYC medical license defense attorneys at (212) 577-6677 for an immediate consultation.

No, because of OPMC’s role in protecting public safety, it is exempt from HIPAA regulations.

Not only are you not in jeopardy of a HIPAA violation for providing records, but in most cases, you are obligated to turn over small samples of patient records when requested by investigators.

Failure to comply with a legitimate records request is itself professional misconduct.

Where the situation becomes murkier is when OPMC requests a large number of patient records in order to perform a comprehensive review.

A request like that requires justification on the part of OPMC, and you may have grounds to fight a request for all or a large number of patient records.

You should always consult with an experienced healthcare attorney when contacted by OPMC.

Any investigation carries the risk of snowballing into various matters unrelated to the original complaint, and your efforts to explain away evidence to investigators may raise even more flags.

Don’t get caught in an OPMC investigatory loop.

Call our NYC healthcare defense lawyers at (212) 577-6677 and get reliable counsel on your side right away.

No, if you have been invited to attend an interview with OPMC, that most likely means that there is a credible complaint being investigated and OPMC wants your input.

They are legally obligated to provide you with an opportunity to be interviewed, and while you are not required to attend, in most cases, you’re better off by appearing.

If you choose not to appear, the investigation will continue. You’ll have missed an opportunity to answer questions in a way that can help you, and to learn more specifically what OPMC is thinking when it comes to the investigation it is pursuing.

You are not required to hire an attorney for the interview, but once OPMC has generated enough questions to want to talk to you in a formal setting, you should treat it like the legal matter it is.

You wouldn’t attend a deposition for a lawsuit without an attorney, and going to an OPMC interview without representation makes as much sense.

Call our professional license defense attorneys today at (212) 577-6677 for independent legal advice and representation of your interests.

Home

Is OPMC Exempt From HIPAA Regulations?

Yes, OPMC is exempt from HIPAA regulations, but that doesn’t mean that they have the right to access patient records at will.

In general, if you receive a request for one or a small number of patient records, you are required to comply with that request – even without signed consent from the patients in question.

Failure to comply with reasonable demands for records is in itself considered professional misconduct.

On the other hand, OPMC must present a valid reason to conduct any sort of comprehensive review of your patient records. Any large scale request for records should prompt you to reach out to an attorney experienced in OPMC matters, if you haven’t already.

Complaints filed with OPMC can trigger all sorts of unintended consequences for physicians, and having legal help that understands the OPMC process can make a big difference in the outcome.

When you’ve been contacted by OPMC for any reason, be proactive about protecting your business and career.

Call our healthcare license defense team at (212) 577-6677 and schedule a consultation right away.

Home

Can I Appeal An OPMC Decision In Court?

Yes, you can appeal an adverse OPMC finding in state court, where rules of evidence and other procedures may be more formal and more favorable to your case.

Once an OPMC panel has issued a finding, the first step is to appeal to the Administrative Review Board.

If that body finds that the original determination and penalties were correct, you can then move forward in court.

In some cases, there is a strategic advantage in skipping the Administrative Review Board appeals process and asking an Appellate Court to determine the sufficiency of evidence in the case against you.

Because the rules of evidence are different in an OPMC setting than they are in a courtroom, this approach can make a big difference in a variety of cases.

Appealing an OPMC decision in court can be costly, but when it comes to protecting your ability to earn a living in your chosen field, it may be the only course available to you.

Our team of NYC healthcare defense attorneys know the OPMC process and New York courts. Call us today at (212) 577-6677.

Yes, OPMC findings of misconduct are public record, and can be used against you in other proceedings.

Additionally, even an OPMC investigation that closed without a finding of misconduct can be subpoenaed by prosecutors in a related criminal case, which will assuredly bring the OPMC investigation back to life.

Remember that a criminal conviction of any kind is considered misconduct, so whether the allegations are being investigated by police and prosecutors or OPMC investigators, one can easily lead to the other, and often does.

When any investigator is looking into you or your practice, you should talk your situation through with an attorney who works for you.

Don’t rely on the advice of hospital counsel or an attorney who hasn’t handled OPMC cases.

You need an experienced health care and license defense attorney who can work in the administrative process OPMC uses and the legal process that a criminal case operates from.

Public records are public records, and a finding of misconduct by OPMC may inform a case being developed by prosecutors looking into allegations of fraud or other crimes.

Make sure that you are represented by the strongest health care professional attorneys in New York. Call (212) 577-6677 today.

If you believe that the hospital’s interests and your interests may not be in perfect alignment, you should strongly consider retaining independent counsel during an OPMC investigation and in other legal matters.

Whatever the ethics should be, there are instances where a hospital may decide that it can shield itself by letting a practitioner take the blame for problems, and when that happens, you may find out too late that the lawyers who work for the hospital don’t work for you.

When OPMC calls, you should hire a lawyer, and you should hire a lawyer as early in the process as possible.

Whatever setting you work in, retaining counsel right away is the best strategy to shut down an OPMC investigation as early as possible, and with as few sanctions as possible. An independent attorney who represents your interests exclusively can protect your rights and your career.

When your employer offers you access to their legal counsel, consider it a friendly offer and a show of support.

Then call (212) 577-6677 to talk to an experienced New York health care attorney who has helped physicians and other licensed professionals successfully navigate OPMC investigations and move on with their careers.

For licensed professionals who have been convicted of a crime and stripped of their license, the Certificate of Relief from Disabilities is the first step toward regaining the right to practice in their field.

The Certificate of Relief from Disabilities, which is granted by the court in the relevant jurisdiction, grants the recipient a presumption of rehabilitation, and means that New York’s professional licensing entities must give due consideration to your application for reinstatement.

The Certificate is not a pardon and it doesn’t clear your record.

The licensing boards will have access to your records and you’ll be required to demonstrate convincingly that the wrongdoing that led to your conviction is something that you have addressed and will continue to address in the event that your license to practice is reinstated.

When you’ve turned your life around and are ready to begin the process of returning to your profession, working with an experienced health care attorney can make all the difference.

Our team of NYC professional licensure lawyers have helped medical professionals of all kinds recover their right to practice, even after criminal convictions.

Call us today at (212) 577-6677 to schedule a consultation.