Administrative Law & Disciplinary Issues
Health care regulations are in a state of constant change – and staying up-to-date on the latest legislative developments can prove challenging for health care providers. However, if a state agency contacts you or your facility to ask questions about a potential investigation, an understanding of relevant health law becomes a critical necessity.
Administrative law is a legal field that deals with government agencies – and in the medical world, that means health care regulation by agencies such as the New York Office of Professional Misconduct, which investigates complaints filed against physicians, physician assistants and specialist assistants, and Office of Professional Discipline (OPD), which does the same regarding nursing, therapists and other non-physician care providers.
The reality is that even the most qualified doctor can face an inquiry from a licensing agency. The attorneys at Rosenblum Newfield provide legal representation to healthcare providers in administrative hearings across New York and Connecticut. We know that any provider facing investigation or administrative action needs access to experienced legal advice from attorneys who understand how to assess the potential damage and prepare a detailed case strategy.
We’ve assisted numerous healthcare professionals charged with misconduct, regulatory infractions and other administrative violations – and we understand the process and are experienced with the agencies and legislation involved.
In New York, the Office of Professional Misconduct (OPMC) is the Department of Health division that investigates all complaints of physician misconduct. OPD operates out of the Department of Education. OPMC and OPD coordinate disciplinary hearings and have the authority to suspend or revoke professional licenses. Most investigations begin with a phone call or letter from OPMC or OPD requesting patient records or advising of an impending investigation – and requesting an interview to discuss the care of the complaining patient, whose identity is kept confidential.
While the initial interview provides an opportunity for you to present your side of the story, it is advisable to retain counsel before meeting with an investigator. An experienced attorney can make the difference between a closed investigation and formal charges that lead to a disciplinary hearing.
Please let us know if Rosenblum Newfield can be of service to you or your facility with licensing or other health care administrative legal issues. We have offices in Manhattan, White Plains, NY and Stamford, CT, and we can be reached at (212) 888-8001.. Our health care attorneys have experience in medical, general and business litigation, appeals, administrative law, health care law, compliance, employment contract disputes, risk management, HIPAA and electronic medical records.