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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.

It is always a good idea to hire independent counsel when facing a disciplinary investigation by OPD or OPMC, especially when the complaint names multiple parties.

While the practice or hospital may have counsel available to you, keep in mind that the priorities of an in-house attorney working for an institution or business may not be the same as your priorities.

For objective guidance in the investigation and hearing process, you are protected best by your own attorney.

In cases like yours, it may be alleged that you were practicing outside of your specialty, or performing treatments beyond the scope of your license.

In these instances, our team of experienced health care license defense attorneys are equipped to analyze the charting and other evidence related to the incident and help you build a clear and persuasive defense of your actions.

We put you – not your employer or others named in a complaint – first, and prioritize protecting your ability to continue your career.

Sometimes professionals make mistakes, or a situation with a patient will change suddenly, requiring emergency measures.

We make sure that whatever the facts, you have the ability to tell your story in clear, defensible language that demonstrates your professionalism and competence.

Complaints can come from anywhere, and can turn into nightmares for capable professionals who deserve better.

You should protect yourself and your career to the greatest extent possible any time disciplinary action is possible.

Call Joseph Potashnik & Associates at (212) 577-6677 and talk to an experienced professional license defense attorney today.

Not necessarily. While a criminal conviction, even at the misdemeanor level, is considered professional misconduct by OPD, the specifics of your case will dictate the level of sanction.

Factors that will be considered include any previous history of criminal convictions or professional misconduct, the type of crime you were convicted of, its impact on victims, and whether it connects to your practice as a dentist.

While OPD has the right to revoke your license, dentists who are represented by experienced license defense attorneys stand a good chance of resolving the matter with a lower level of disciplinary action.

Before you plead guilty or go to court on your misdemeanor charge, you should contact criminal defense attorneys with experience in healthcare license defense.

The attorneys at Joseph Potashnik & Associates don’t only protect clients during an OPD investigation.

We see clients through their legal matter, and address their professional discipline matter at the same time.

Because of the stakes that dentists face, our first priority is minimizing the criminal charges against you, or beating them outright.

While winning in court won’t necessarily stop an OPD investigation, it puts you on much stronger ground to defend yourself from the most significant penalties OPD can levy.

We ensure that you are fully protected both in court and in OPD interviews and hearings.

Call us today at (212) 577-6677 and talk to an attorney who knows how to protect professionals facing criminal and professional discipline.

Some policies do, so you should check with your provider. Even if your policy doesn’t cover these costs, you should strongly consider investing in experienced legal guidance to get you through an OPD investigation.

Your license and your livelihood are at stake any time a complaint is lodged against you, and given the expense of time and money in becoming a dentist in New York, it only makes sense to protect yourself.

Think of an OPD investigation the same way you would a malpractice suit.

You wouldn’t walk into a deposition or a court room without a knowledgeable attorney at your side, and you shouldn’t begin discussions with OPD without the same level of competent advice in an investigation.

Keep in mind that you are not required to talk to investigators if they happen to show up and want to discuss the events in question.

You are strongly advised to politely ask to reschedule, and then contact an experienced OPD attorney who can properly evaluate your situation and provide capable legal guidance to protect your license and your practice.

The attorneys at Joseph Potashnik & Associates specialize in the defense of healthcare professionals facing investigation by OPD and OPMC.

We make sure our clients avoid common pitfalls in the investigation process, and are properly prepared for any face to face interviews or hearings with investigators.

Don’t take chances on your future. Call us today at (212) 577-6677 and talk to an experienced OPD defense attorney today.

OPMC investigations are predicated on establishing whether claims against a professional have merit, and to this end investigators have to approach each situation with an open mind.

It is probably not the case that OPMC gives doctors the benefit of the doubt, but OPMC gives doctors ample opportunity to present information that justifies the necessity of a procedure, and rebuts the specifics of a complaint.

For a variety of good reasons, it is best to approach interviews or hearings with a cool head, and in general, professionals should avoid an overly confrontational tone toward the patient who has made the complaint.

These situations can often be best resolved by presenting evidence that acknowledges why a patient may have felt the way they felt, and responds compassionately.

This is not always the best way forward.

Our team of experienced OPMC and professional license defense attorneys work closely with medical professionals to examine the particulars of their case, and build an appropriate rebuttal that protects their reputation and thoroughly explains the circumstances and reasoning behind the actions taken.

We have an excellent record of success that physicians can trust. Call us today at (212) 577-6677 and talk to an attorney who knows how to answer an OPMC investigation and clear your good name.

Yes, it is possible – though not guaranteed – that you can be reinstated as a Medicare provider once your exclusion period ends.

Ninety days before your exclusion period ends, you are eligible to submit a written request to the Medicare Office of the Inspector General requesting reinstatement.

Requests submitted earlier than 90 days before your exclusion ends will not accepted.

You will receive forms to complete, notarize, and return to the OIG’s office, where they will be evaluated.

Expect to wait several months to receive the OIG’s decision.

If your application is denied, you can re-apply in one year.

When you’re rebuilding your healthcare career after a criminal conviction, fraud incident, or other substantiated allegation of misconduct, access to programs like Medicare and Medicaid is crucial.

Exclusion can end any hope you have of returning to your chosen profession.

Your odds of success are higher when you work with experienced healthcare attorneys who can help you represent yourself in best possible way to state and federal entities who have enormous power over your career.

Call us today at (212) 577-6677 and get help getting your career back on track.

Good charting is one of the best ways for a dentist to protect him or herself in the event of an OPD investigation.

Often, these cases are resolved by simply presenting clear documentation of the patient’s legitimate need for a particular procedure, the notes related to the performance of the procedure, and other relevant information that supports your side of the story.

OPD complaints can come from anywhere, and patients today often demand a level of service that includes guaranteed results – which is often not realistic in any healthcare specialty.

Protecting yourself and your practice in the event of a patient complaint must be your first priority any time OPD contacts you about an incident that resulted in a complaint.

OPD investigations can be stressful and frightening for practitioners, so you should immediately contact experienced healthcare defense attorneys who can prepare you for interviews and hearings, and ensure that there is appropriate evidence to support your case and clear your good name.

Call our team of experienced OPC/OPMC attorneys today at (212) 577-6677 and talk to experienced counsel who can answer your questions and help end the investigation against you.

No, you are not required to submit to telephone or in-person interviews, and you have the right to inform investigators that you are represented by counsel and refer questions on to us.

It is good policy when OPD contacts you to immediately retain counsel and treat the entire process as an adversarial action.

While an OPD investigation isn’t a lawsuit, the ramifications for you can be similar, and to protect yourself and your career, treating an interview with the same seriousness you’d treat a deposition is the best approach.

Our team will take over communications with OPD for you and ensure that you are fully informed of your options and prepared for all interactions with investigators.

We’ll be with you during any interviews you agree to, and in the unlikely event that your matter advances to the hearing stage, we’ll be there to ensure that your rights come first and you have the strongest defense possible.

Most OPD investigations wrap up with no adverse findings, but it’s impossible to know what investigators might find at the beginning of the process.

Call our NYC health care defense team at (212) 577-6677 and take good care of your professional license and your health care career.

Not necessarily. While we strongly recommend that professionals bring in legal help at the outset of an OPMC investigation, we know that most physicians operate a clean practice and therefore assume that an investigation will close up promptly with a finding of no wrongdoing.

The problem is that investigators aren’t working to clear you, they’re working to establish that the complaint against you is valid, and look for any patterns of similar conduct.

In a way, a physician under investigation is likely to be talking past the investigators, assuming an end point that the investigators aren’t focused on arriving at.

If you’ve waited until the hearing stage, you may be at a disadvantage, but you’re certainly better off bringing in representation now than going into the hearing without capable legal advice.

Our team of OPMC attorneys has helped New York physicians through the OPMC process many times, and understand what the panel will be looking for and what to expect in the hearing room.

You don’t have to live with an adverse finding from OPMC on your record. When you have experienced legal representation to prepare you and support you in the hearing, your odds of a more favorable outcome increase dramatically.

Call our team today at (212) 577-6677 for reliable guidance in your OPMC matter.


Can OPMC Interview My Patients As Part Of An Investigation?

Yes, OPMC can interview your patients as part of its investigation. It can interview your associates, your employer, and your staff as well.

OPMC has broad leeway to pursue an investigation to its ultimate conclusion, which is why it’s so important for your career that you work with a team that knows how to handle OPMC and the process its investigators use to pursue allegations of misconduct.

Most people become aware of an OPMC investigation when they receive a letter. One of two things can happen at that point.

If you try to go it alone, it’s highly likely that you’ll experience some kind of career-impacting sanction that will limit your future earnings and job prospects.

On the other hand, if you immediately bring in legal counsel with experience in OPMC matters, it’s possible that the investigation can end with little to no ramifications to your career.

The vast majority of OPMC investigations never get to the hearing stage when professionals have capable legal guidance to see them through the process.

When you’ve been contacted by OPMC, call our experienced health care defense attorneys at (212) 577-6677 right away.

A single complaint is enough to get the attention of OPD, and while you may operate an extremely professional chiropractic practice, the fact is that mistakes are made, and an investigator looking closely enough may turn up information they believe indicates misconduct.

When you’re contacted by OPD, it’s important that you understand your rights.

First, you aren’t required to answer their questions, and in nearly every case, you’re better off politely declining so you can consult legal counsel.

OPD asks questions in order to confirm elements of a complaint and build a case against you, not to clear your name.

You need your own representation to do that.

Our team of experienced NYC health care and professional license defense attorneys has years of experience dealing with OPD/OPMC, and know the particulars of their procedures and how to work with – and defend against – OPD investigations.

We make sure our clients are well prepared for interviews, understand their rights, and we stand by our clients in every interaction with investigators.

If you’ve had contact from OPD, don’t wait to get experienced representation on your side.

Call (212) 577-6677 today to schedule an immediate consultation with attorneys who will fight for you in OPD/OPMC investigations.