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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.

A consensual sexual relationship with a colleague probably isn’t professional misconduct according to OPMC, but it may very well violate sexual harassment or fraternization policies in your workplace, which can carry significant penalty, including termination.

If you are dismissed from a hospital or other health care facility, it will be reported to the Department of Health, who will then report the dismissal to OPMC – where you may find yourself the subject of an investigation.

It’s convoluted, but can become a serious issue if there are any complaints – even anonymous ones – of sexual harassment or misconduct against you in OPMC’s files.

Workplace romances happen, but it’s vital that you and your partner know your workplace’s policies and take whatever steps are required to protect your employer from liability for sexual harassment or other problems.

For help understanding and protecting your rights, call (212) 577-6677 for a consultation with an experienced New York health care defense attorney.


Can Records Of Past OPMC Sanctions Be Expunged?

Theoretically, yes, a very old OPMC sanction can be “expunged” in the sense that there is no rule that it remain on OPMC’s website forever.

Current regulations suggest a 10-year window in which sanctions would remain visible, but OPMC seems to have no resources allocated to removing very old sanctions from public view.

If you received a sanction more than a decade ago and have contacted OPMC about removing it from public listings without success, contact our OPMC and License Defense team. We can take over communications with OPMC for you, and continue to press the matter on your behalf.

You don’t have to be haunted by a sanction from early in your career.

Call our experienced NYC Health Care Attorneys at (212) 577-6677 and learn how you can protect your reputation.

Physicians are often in the unenviable position of dealing with people who are frightened and vulnerable, and having to perform what can amount to very invasive tests and procedures.

While hospitals and practices typically have protocols in place to protect physicians from these sorts of allegations, there are still times when a patient may believe that a physician acted inappropriately in the normal course of an exam, test, or other therapeutic activity.

When this happens, it’s common for the physician’s first instinct to be a feeling that they are being accused in an effort to lay grounds for a malpractice damage award for the patient, but in our practice, we find that a more conciliatory response usually produces a satisfactory conclusion without alienating a patient and elevating the temperatures on a potential legal action.

Our team of experienced health care attorneys can respond to complaints and allegations in a clear, formal, and unemotional way, giving investigators or superiors ample evidence to conclude that the allegations are false, without attacking the complaining patient or minimizing their experience.

By keeping all responses within the realm of the procedure in question and answering each point thoroughly and fairly, we can head off greater problems before they begin.

When you are facing allegations of inappropriate conduct, our team can help protect you.

Call us today at (212) 577-6677 and schedule a consultation right away.

Because OPMC allows anyone in the public to make complaints against physicians in New York, the risk of a vindictive or unstable patient or former patient using the platform to exact retribution for a perceived wrong is substantial.

OPMC is required by law to investigate all allegations made against practitioners, with the result being thousands of baseless claims wasting the time of investigators, but potentially damaging the careers of capable professionals who’ve done nothing wrong.

Once OPMC contacts you about a complaint, you should call for experienced legal help right away.

In a situation like yours, our firm might explore a two-pronged approach, taking over communication with OPMC and advising you of your rights and appropriate strategies.

At the same time, we would look into whether the former patient in question is engaging in behavior that meets stalking or harassment thresholds in order to pursue legal relief for you.

All cases are unique, but what any OPMC-involved case shares is the need for a practitioner to quickly get legal guidance to protect themselves, their business, and their future.

Call our NYC medical license defense team at (212) 577-6677 today to schedule a consultation with an experienced OPMC defense lawyer.

Yes, whether the record reflects a misdemeanor or a felony conviction, the result will be communicated to OPMC and your conduct will become a matter for investigators.

However, that doesn’t mean that pleading down to a misdemeanor is the wrong choice. Every case is unique, and all sets of facts must be evaluated on their own merits.

Experienced health care defense attorneys can advise you based on your particular circumstances and the facts of the case against you.

It may be worthwhile to fight the felony charge rather than plead down because the evidence is weaker than prosecutors want you to believe.

Defeating a criminal charge may not stop an OPMC investigation that’s underway, but it certainly makes it harder for investigators to substantiate allegations.

As a medical professional, it is imperative that you defend yourself against not only criminal charges, but against the threat they pose to your license to practice in New York.

Our attorneys are experienced criminal defense lawyers with an expertise in OPMC/OPD and professional license defense.

Protect your freedom and your career. Call (212) 577-6677 today for an immediate consultation.

Yes, when OPMC has rendered an adverse finding in a case against you, you are entitled to ask New York’s state courts to hear the case, with or without following the OPMC appeal process.

In many instances, there are real advantages to shifting the venue into a court of law. If the case against you relied on highly technical evidence, subjective evidence, or evidence that would not be allowed in a court, then stepping out of the OPMC process may be a smart move for you.

In a state court, OPMC is forced to meet to common rules of admissibility of evidence, and must be able to persuade people from outside the medical field that their finding is logical, consistent, and the same conclusion that any rational person would come to looking at the same evidence.

On the other hand, the defense’s options are enhanced tremendously, because it may be possible to exclude some of the evidence that OPMC has gathered, and to present expert perspectives that undermine OPMC’s conclusions.

This is not a cheap path, but when an adverse finding has the potential to end your career or create a significant drop in your earnings over the course of it, fight back.

Our experienced health care attorneys can represent you through the OPMC process and beyond if the situation warrants.

Call (212) 577-6677 today to schedule a consultation with a health care and OPMC defense lawyer.

Under the 1996 HIPAA law, all practices and healthcare organizations are required to have an employee who is specifically charged with the development, implementation, and maintenance of privacy policies that protect your patients from inappropriate disclosure of sensitive health care data.

The employee may have other duties and tasks, but typically that person will be expected to be or become an expert on current HIPAA guidelines, digital and physical record protection, and related activities.

They will be tasked with developing policies and procedures that are to be followed in the office to keep patient information secure.

There are liability concerns for individuals who take on the role of HIPAA Privacy Officer in a practice.

In general, proving that the officer has created robust, up-to-date, and enforceable policies and procedures based on industry best practices is a sound defense when violations occur, but it can difficult to demonstrate the adequacy of such measures, especially to a jury.

There are simply too many opinions available to trust that a jury won’t be confused into an incorrect finding.

When your practice needs to develop a strong HIPAA compliance regime, you can benefit from the guidance that our accomplished team of healthcare law experts can provide.

And if a HIPAA violation happens, you can rely on us to for experienced health care defense throughout investigations or litigation.

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

Concerns about drug diversion and drug seeking patients – even those with legitimate pain management needs – are one of the overriding issues for medical personnel in New York and the country.

In a typical ER shift, you likely see dozens of patients and are under pressure from administrators to either discharge or admit within tight timeframes.

As a matter of policy, you want to make sure you’re being as careful as possible to screen out legitimate pain patients from those seeking drugs for their own addictions or to sell on the street.

The competing interests at play are extremely difficult to manage day in and day out. If you decline to provide painkillers to patients with a legitimate need, are you causing more harm than if you err on the side of prescribing even when you think the patient may be drug seeking?

You risk significant liability, including criminal prosecution, if DEA or OPMC take a look at your records and find that you’ve been overprescribing painkillers.

While both organizations have wide latitude in applying laws and regulations to a given case, your best option to protect yourself in the long run is to make it a habit to consult New York’s prescription drug monitoring database as part of your routine before prescribing opiates.

That system isn’t perfect, displaying only a limited timeframe, but can act as important evidence of due diligence if your pattern of prescriptions is called into question.

If so, it’s vital that you consult with an experienced healthcare attorney as early in the investigation process as possible.

Keep in mind that hospital counsel may have different priorities than you, and your malpractice coverage likely includes the legal costs associated with investigations and litigation.

Drug diversion is a serious charge that can cripple your career, and you shouldn’t take chances.

Create clear, repeatable policies to screen for drug-seeking behavior, apply them consistently, and if authorities have questions, call our NY health care defense attorneys at (212) 577-6677 right away.

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.