Losing a loved one can be devastating, and human nature may demand a place to lay blame. Medical care providers are often the easiest target for bereaved family members. Standard-of-care complaints can result in sanctions, and even license revocation. The details of the case are also a matter of public record which could lead to a damaged reputation. With so much at stake, it is wise to understand ahead of time what happens when a health care professional faces the medical board. The complaint process The process begins when someone files a complaint, in writing, to the medical board. The boar ..read more

No Texas pharmacist plans to be the subject of a Board of Pharmacy complaint or investigation. Nevertheless, the Board conducts many investigations each year. If you receive notice that you are under investigation, understanding the Board’s investigation process and knowing what to expect is important to ensure that you do not harm your case. Notice by mail The Board may send you an official letter stating the allegations against you and informing you of its investigation. In this scenario, you have several options: agree to the terms of a proposed consent order drafted by the Board; formally ..read more

Who doesn’t like taking shortcuts. If there is a way to get from point A to point B more easily, that’s a good thing, right? That might be true in on the road, but in the health care industry, taking shortcuts around regulatory obligations can lead to financial trouble. Worse, it can result in criminal charges and result in penalties that derail careers. Few medical practitioners intentionally follow practices that trigger investigations. However, those entities that pay claims know errors happen either by accident or on purpose, and they don’t have any desire to be left holding the bag if mis ..read more

Medical licensing occurs at the state level, with each state establishing its own licensing requirements for practitioners and medical personnel like nurses. Recent interest in telehealth impacted state licensing requirements, with many states modifying their policies. This included the eligibility of out-of-state health care providers. The PREP Act The Public Readiness and Emergency Preparedness Act allows the Department of Health and Human Services to issue specific declarations during emergency situations that provide immunity from liability in areas of healthcare. One of the provisions of ..read more

Losing a loved one can be devastating, and human nature may demand a place to lay blame. Medical care providers are often the easiest target for bereaved family members. Standard-of-care complaints can result in sanctions, and even license revocation. The details of the case are also a matter of public record which could lead to a damaged reputation. With so much at stake, it is wise to understand ahead of time what happens when a health care professional faces the medical board. The complaint process The process begins when someone files a complaint, in writing, to the medical board. The boar ..read more

If you are a pharmacist, you recognize the value of your professional license. After all, you spent a significant amount of time, money and effort earning it. If the Texas State Board of Pharmacy decides you should lose your license, you are likely to be unable to work as a pharmacist and to support yourself and your family. Until you have some experience working as a pharmacist, you may have a few fears about being the subject of an investigation. You may also wonder how the pharmacy board begins investigations of pharmacists in the Lone Star State. Receiving complaints In Texas, pharmacy boa ..read more

The Office of Inspector General offers advice for new health care providers to avoid fraud. Understanding Medicare and Medicaid fraud laws can help protect doctors from inadvertent accusations. Review these tips to shield your practice from these challenges. False claims Under the False Claims Act, you can receive fraud charges for claims that you know or should have known are false. That means you are legally liable even if you claim you did not know you provided false information to Medicaid or Medicare. Review every claim submission carefully, as you can receive a fine of $11,000 for every ..read more

The Code of Ethics that many medical professionals adhere to covers a wide range of issues. They require medical professionals to provide the best possible care to every patient, be professional and protect a patient’s privacy. Parts of this code also became federal law when the Health Insurance Portability and Accountability Act (HIPAA) passed. This law established the Privacy Rule, which protects patients’ health information. Most Texas doctors, physicians and nurses are careful to ensure they adhere to HIPAA laws, but it is critical to understand that HIPPA violations could put your profess ..read more

Nothing sends a chill up a professional’s spine like realizing you are under investigation. You have not received the letter yet informing you of this, but you suspect a complaint has been filed against you. What happens next is extremely important. You can be passive and wait to be informed, or you can be proactive and contact an experienced professional license defense attorney immediately. You can minimize the harm an investigation can do to your ability to practice, or you can mount a vigorous and effective defense. It is easier to combat a complaint against you early in the investigative ..read more