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New York OPMC and OPD Misconduct Defense Lawyers

Disciplinary sanctions from the New York Department of Health’s Office of Professional Medical Conduct after an investigation or trial is done, can have terrible consequences for a physician. These consequences include loss of income. They include loss of license, probation, or even a letter of reprimand. Raiser & Kenniff has experienced medical license defense lawyers. These lawyers focus on helping physicians who are being investigated. They also help those who have been investigated. They help physicians facing disciplinary proceedings commenced by the OPMC.

Common OPMC Cases We Handle

Here are examples of cases we can help with: • Substance abuse • Sexual Misconduct • Billing Fraud • Insurance Fraud • License restoration • License revocation • and more

Medical Malpractice Insurance Coverage for OPMC Defense

Understanding Insurance Riders for Legal Protection

Some physicians purchase a rider, to their existing medical malpractice insurance policy. This gives them coverage so that legal fees incurred can be covered during their OPMC representation. Other doctors who don’t have this coverage purchased may have to pay their own legal fees. It’s recommended if you’re facing OPMC related issues – you hire legal counsel from the beginning. With legal help, there are ways to avoid, or minimize, sanctions by OPMC. In order to make this possible, you need an experienced attorney on your side. It’s never a good idea for a doctor to go to an OPMC interview without an attorney.

The Power and Authority of OPMC Investigators

OPMC’s Comprehensive Investigation Authority

Investigators and physicians working for the OPMC, are very smart. They should not be underestimated. OPMC has the ability to interview all of your patients, and employees. They can also gather a great deal of information about you. Therefore, you need to both respect and understand the process. You need to have an attorney on your side. This attorney can create a plan to present your side of the story to OPMC.

Additional Healthcare Facility Legal Services

Our team of attorneys also help hospitals responding to statements of deficiency. These are issued by the Department of Health. We also help with any violations that are alleged by the Joint Commission. Moreover, we can help nurses and healthcare providers in proceedings. These proceedings are before the Department of Education as well.

Understanding the Office of Professional Discipline (OPD)

OPD Jurisdiction for Non-Physician Healthcare Professionals

If you’re a nurse, dentist, or any other professional other than a physician assistant/physician, then you are governed by the Department of Education. You are governed by its specific investigative arm: the Office of Professional Discipline. The OPD has to investigate every single complaint. They do it by interviewing friends, coworkers, patients. They find whatever documentation that exists in the state of New York. It’s critical that you take letters from the OPD very seriously. They are investigating you because they are convinced you did something wrong. As a result, you must be investigated.

Why You Need Legal Representation

If you have an OPMC or OPD issue – you should speak to one of our attorneys.

The OPMC Investigation Process

How OPMC Handles Complaints and Investigations

According to the New York State Department of Health, OPMC is required by law to investigate every complaint it receives. Each year, the OPMC investigates thousands of complaints. These come from the public and from health care professionals and institutions. Based on these investigations, the Board for Professional Medical Conduct disciplines hundreds of physicians.

Board Composition and Authority

The board is composed of two-thirds physicians and one-third lay members. This includes physician assistants. Physician members are nominated by state, county, and specialty medical societies. Lay members are appointed by the commissioner of health. This appointment requires the approval of the governor.

Types of Professional Misconduct

Defining Medical Misconduct Under New York Law

The specific definitions of misconduct can be found in State Education Law, Sections 6530 and 6531. The OPMC investigates all complaints of professional medical misconduct against:
• Licensed physicians
• Physician assistants
• Specialist assistants

Monitoring and Compliance

During 2010, the OPMC monitored over 1,300 physicians. This was an all-time high. The OPMC monitors physicians using tools such as: • Reviewing random samples of office and patient records

•Conducting onsite visits

• Assigning another physician to monitor practice

• Auditing billing records

• Testing for presence of alcohol or drugs

OPD Enforcement for Other Healthcare Professionals

Regional OPD Offices and Complaint Process

The Office of Professional Discipline has offices throughout New York State. For information on filing a complaint, contact the office closest to where the incident took place. You can also call 1-800-442-8106.

Professional Assistance Programs

OP’s Professional Assistance Program allows licensees who abuse alcohol or other drugs to surrender their licenses voluntarily. They can do this confidentially while progressing through an acceptable course of treatment. It is available to licensees who have not harmed clients. Successful completion of the program may act as an alternative to disciplinary action.

Recent Enforcement Actions and Penalties

Understanding Potential Sanctions

Summary information of disciplinary actions taken against licensees can be searched by year, month, and profession. The Board of Regents is responsible for the final disposition of all disciplinary matters. This excludes those handled by OPMC.

Common Penalties Include

• Actual suspension of license

• Stayed suspension with probation

• Monetary fines

• Indefinite suspension until fit to practice

• Censure and reprimand