Administrative Law/Regulation

Administrative/Regulatory Law and Disciplinary Issues

Administrative law is a legal field that deals with government agencies and regulation. The attorneys at Rosenblum Newfield stay up-to-date on the constantly-changing legislative developments that can prove challenging for health care providers. They provide legal representation to New York and Connecticut providers – physicians, nursing homes and home health care agencies – facing investigation or administrative hearings.

Physicians

Even the most qualified doctor can face an inquiry from a licensing agency. Rosenblum Newfield has assisted health care professionals charged with misconduct, regulatory infractions and other administrative violations. Its attorneys 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, physician assistant and specialist assistant misconduct. The Office of Professional Discipline (OPD) does the same regarding nursing, therapists and other non-physician care providers. OPMC and OPD coordinate disciplinary hearings and have the authority to suspend or revoke professional licenses. In Connecticut, the regulating body is the Connecticut Department of Public Health.

Most investigations begin with a phone call or letter from OPMC or OPD requesting patient records or advising of an impending investigation – and seeking an interview to discuss the care of the complaining patient, whose identity is kept confidential.

It is advisable to retain counsel before meeting with an investigator. An experienced Rosenblum Newfield attorney can make the difference between a closed investigation and formal charges that lead to a disciplinary hearing.

Nursing Homes

Rosenblum Newfield can tackle the various issues that arise in the nursing home field, including licensure qualification issues for nursing home administrators, Department of Health fines over noncompliance with federal or state regulations, and negligence complaints filed by patients or their families.

Home Health Care Providers

Rosenblum Newfield is versed in the laws and regulations governing home health care industries in New York and Connecticut. Its attorneys can help with licensure and other regulatory issues.