Blog

Understanding the intricacies of grand Larceny in New York City is crucial for anyone facing such charges or wanting to be informed about the city’s legal landscape. Grand Larceny is a term often used in legal discussions, but what does it entail? How is it different from Petit Larceny? And what are the potential consequences of being convicted?

Whether you’re facing such charges, working in the legal field, or simply wanting to stay informed, this guide will provide a comprehensive overview of grand Larceny in NYC.

[Read more…] about Grand Larceny In NYC

New York medical license defense lawyers of Norman Spencer Law Group PC have successfully represented numerous physicians before the OPMC (Office of Professional Medical Conduct) in disciplinary proceedings for professional misconduct.

When we represent health care professionals and medical professionals matters with the New York State Department of Health’s Office of Professional Medical Conduct – OPMC, we always strive to resolve issues quickly before the situation escalates to possible physician discipline with the physician’s license being suspended for professional misconduct. We would begin legal counsel through the investigatory process of interviews and document reviews. We will then present our position to the OPMC investigator – often convincing the OPMC investigators to terminate the case before it reaches the next level.

What Happens When a Professional or Medical Misconduct Complaint is Filed Against a New York Physician?

The professional medical conduct and disciplinary action process for New York physicians, physician assistants, and licensed health professionals usually begins with a complaint filed with the OPMC. A complaint can include:

• Negligence of patient care
• Refusing to provide medical care based on a patient’s race or national origin
• Performing professional services that were unauthorized, treating patients with a suspended or inactive license
• Permitting unlicensed persons to treat patients when it requires a medical license.
• Billing fraud
• Not updating medical charts or patient charts, etc.

The OPMC will investigate any complaint alleging professional misconduct. Office practice issues, rude behavior from the medical staff, or the physician’s poor “bedside manner” do not fall under their jurisdiction. During OPMC investigations, OPMC investigators may interview the physician and potential witnesses, such as the county medical society, subpoena medical records or patient records, etc.

When the OPMC investigation is concluded and there appears to be sufficient evidence suggesting medical misconduct, the case investigator will refer the investigative report to an investigation committee that consists of two physicians of the special OPMC two-thirds physicians and one non-physician panel. The committee will make a recommendation regarding the next step. For example, they may determine no cause for further professional discipline, and the case will be closed. Alternatively, they may demand an additional investigation, issue an administrative warning to the licensee, or require the licensee to undergo a physical or psychiatric evaluation for mental illness or a similar outcome.

The committee may recommend that formal charges against the licensee be filed. In this case, an administrative hearing will be scheduled. Many physicians or physician assistants seek to settle the case by a Consent Agreement instead of a formal administrative hearing.

Under certain circumstances, when the New York Department of Health determines that a physician is an imminent threat to the health, safety, and welfare of the public, or in the case the licensee has been convicted of a felony, there may be a temporary medical license suspension before the administrative hearing.

When a New York physician is found guilty of professional misconduct, either after a formal hearing or by consent agreement, they will be subject to a variety of potential penalties, including:

• Revocation of license
• Full or partial suspension of license with or without conditions
• Annulment of license
• A maximum fine of $10,000 for each charge of misconduct
• Public reprimand
• Community service
• A requirement of additional education and training.

 

Can a Physician Appeal the Panel’s Finding?

There are two ways to appeal the hearing outcome. First, there is an administrative avenue where both the physician and the State may appeal the hearing outcome to the Administrative Review Board (ARB). It is the only administrative appellate remedy. The Board consists of three physicians and two laypersons. An Administrative Law Judge oversees the process. Both parties may file legal briefs, and the Board will issue its decision within 45 days after the briefs are filed.

Another avenue is the judicial one. The panel’s hearing findings and/or the ARB’s determination may be appealed by bringing an Article 78 action in the Appellate Division of the New York Superior Court.

What is the Right Way to Respond to an OPMC Investigation?

When you discover that you are the subject of an OPMC investigation, you must consult with an experienced attorney who has handled OPMC actions.

As a licensee, you are obligated to cooperate with OPMC investigations. Failure to cooperate is professional misconduct on its own. Cooperation, however, does not mean forfeiting your rights, and you do have the right to have legal counsel present before discussing the case with the OPMC investigator. You do not have to speak with the investigators.

It is essential to understand that every word you say and any information you provide will become part of the investigative report comprised by the investigator. It will not matter that you did not say or mean exactly what the report says; and it will be your word against the investigator, and the odds will not be in your favor. Moreover, you may be subject to additional charges based only on your voluntary statements.

When approached by an OPMC investigator, the only correct way to handle the situation is to assure the investigator that you are willing to comply with the investigation and insist on discussing the matter with your attorney first. Your experienced counsel will then contact the OPMC investigator on your behalf, and this will save you from implicating admissions that could make the case more difficult to resolve. Participation in an OPMC interview without prior legal consultation and preparation may be fatal to the outcome of your case and your future ability to practice medicine.

When you are under an OPMC investigation, call our experienced New York OPMC attorneys for immediate consultation!

Various Practices That Can Trigger A Medicaid Fraud Investigation For Healthcare Providers and Recipients

Medicaid Services Providers in New York

This article is about what triggers Medicaid fraud investigations for NY healthcare providers and recipients. If you are a Medicaid Services Provider, here are some of the reasons you can be investigated for Medicaid fraud:

If you are a Medicaid Services Provider, here are some of the reasons you can be investigated for Medicaid fraud:

• Bill Medicaid for services that have never been provided
• Falsifying patients’ diagnoses to justify tests or other procedures that aren’t medically necessary
• Misrepresenting medical procedures performed to obtain payment for non-covered services
• Upcoding: billing for a more costly service than the one performed
• Unbundling: billing each stage of a procedure as if it were a separate procedure
• Filing claims for fake services and medical conditions
• Coverage claims for non-existent illnesses
• Filing claims for fake and staged car accidents in NY
• Filing claims for medical care coverage for staged, fraudulent auto accident injuries
• Illegal kickbacks
• Illegal fee sharing
• Billing for services provided by unlicensed personnel in violation of Medicaid rules.

[Read more…] about What Triggers Medicaid Fraud Investigations In New York?

When you’re charged with a crime, you’ll nearly always have best results by getting a lawyer. The majority of defendants in criminal court receive lawyer representation, particularly when a prison sentence or jail time are possible consequences. It’s hard for people to handle their own criminal cases with competence. No comprehensive statistics exist regarding the number of people who represent themselves, but it’s estimated that more than 99 percent of defendants get a lawyer.

Books Don’t Have Everything

One of the reasons it’s so difficult to self-represent is because of how different reading about law and practicing it are. There are all kinds of books that will explain the different laws and crimes on the record. These laws will have fixed punishments for violations, and they’ll also make courtroom procedures mandated.

Many defendants make the mistake of thinking that these books have everything they need to know. They believe that if they become familiar with the law and crime, they can defend themselves. But unfortunately, criminal law can’t be practiced effectively through just book study. Experienced defense attorneys understand that criminal law is a complicated group of unpredictable systems.

Prosecutors Have More Power Than You Think

One of the things that prosecutors have is a power called “prosecutorial discretion.” This power lets them decide whether criminal charges should be filed, along with the exact charges being filed. This power determines the majority of what occurs in criminal court.

The prosecutor has a great deal of influence over how a case resolves. Each particular prosecutor’s decisions will affect the way the case progresses. Sometimes a person will be accused of one crime. But in other cases, prosecutors will charge a defendant with multiple crimes based on the way their actions can be slanted. Some of these crimes might be minor, while others might be more serious.

Pressure from the Community

One important thing is not to underestimate how big a difference your community makes. Every community has unique politics, values, and pressures. Police want to have their crime reports result in a charge. Prosecutors want to have success in their jobs. Judges might want to be re-elected. All of these things combine to work against you in the courtroom.

In some cases, certain crimes may get a great deal of attention. The public might be putting pressure on the prosecutor and judge to harshly prosecute people charged with these crimes. It’s true that the system isn’t supposed to give in to these pressures, but that’s not always the case. A defense lawyer will be familiar with your local environment, so they’ll understand the way pressure might affect the outcome of your case.

Criminal law is a vast world with complicated rules that you don’t know. You need a NYC DWI lawyer to help guide you through the justice system and protect you against those who wish to do you harm.

What Do Attorneys Do?

No matter how educated or smart you may be, the justice system is stacked against you. Everything is working to prove you guilty from the moment of your arrest. It’s almost impossible to represent yourself competently. Defense lawyers are specialists who understand how to approach each criminal case. They can deal with whatever variables arise, explain to you your options, and ensure you make an informed decision going forward. They can also keep you from accidentally incriminating yourself when talking to the police or prosecution.

A criminal lawyer will do a great deal more than pose questions to the court witnesses. They’ll also be responsible for negotiating with prosecutors during every step of the criminal process. They’ll take your needs into account when they help formulate sentencing programs.

Lawyers have gone to school and studied extensively to understand the legal rules in their state. Ideally, your lawyer will have experience representing people in similar situations to your own. They will have a good sense of how a routine case unfolds. If you represent yourself, you may quickly find yourself overwhelmed by things a nyc criminal lawyer wouldn’t flinch at.

If you’ve been accused of a crime, you should get in contact with an experienced criminal lawyer as soon as you can.