NEW JERSEY MEDICAL LICENSE DEFENSE ATTORNEYS

Attorneys of Joseph Potashnik and Associates PC successfully represent New Jersey physicians and their assistants in all disciplinary and licensure matters before the New Jersey Board of Medical Examiners.

If you are a physician licensed to practice medicine in New Jersey and you receive a communication from the Board regarding any alleged violation or find yourself under criminal investigation, you need an experienced New Jersey medical license defense attorney to represent you. Before you discuss your case with investigators, call our office to schedule a consultation. We will explain your options, advise you on the correct course of action, and in most cases dramatically minimize damages.

Our attorneys have represented New Jersey physicians before the New Jersey Board of Medical Examiners in all types of licensure matters stemming from administrative and criminal violations, applications for license reinstatement, and appeals.

N.J. Stat. 45:1-21 provides grounds upon which the New Jersey Board of Medical Examiners may discipline a New Jersey physician. These grounds include:

  • Obtaining a license by fraud, deception, or misrepresentation;
  • Dishonesty and fraud
  • Gross negligence, gross malpractice or gross incompetence which damaged or endangered the life, health, welfare, safety or property of any person;
  • Repeated acts of negligence, malpractice or incompetence;
  • Engaged in professional or occupational misconduct as may be determined by the Board;
  • Being convicted of any crime or offense involving moral turpitude. That includes entering a guilty plea.
  • Having a license in another state revoked or suspended;
  • Violating or failure to comply with the provisions of any Board act regulation
  • Being incapable, for medical or any other good cause, of discharging the functions of a licensee in a manner consistent with the public’s health, safety and welfare;
  • Engaging in insurance fraud
  • Drug or alcohol abuse
  • Prescribing or dispensing controlled dangerous substances illegally or without good cause
  • Allowing an unlicensed person or entity to perform an act for which a license or certificate of ? registration or certification is required by the Board, or aiding an unlicensed person or ???entity in performing such an act;
  • Advertising fraudulently in any manner.

While many factors may trigger a professional misconduct investigation and subsequent disciplinary action by the Board, some areas are among the most common reasons for discipline. These include:

  • Criminal Convictions (including entering a guilty plea)
  • Liabilities for Documentation, Coding, and billing Deficiencies
  • Filing False Claims
  • Making False Statements
  • Conspiracy
  • Mail and Wire Fraud
  • Anti-Kickback Laws Violations
  • The Stark Law (Self-Referral Prohibition) Violation
  • Insurance Fraud
  • Medicare and Medicaid Fraud
  • Illegal Fee Splitting

If the Board makes findings of misconduct at the administrative hearings or the matter is resolved by a Consent Order where the physician admits misconduct, the Board may take any of the following disciplinary actions. Penalties may range from issuing a public letter of warning, reprimand, or censure, levying hefty monetary fines, orders of restitution or placing restrictions on license. The Board may demand that the licensee seek professional treatment, including physical and psychiatric evaluations, or complete additional educational training. Of the most drastic disciplinary measures are license suspensions and revocations.

In case involving criminal charges against physicians and any other licensed professional, it is crucial to retain not just any criminal defense attorney but a criminal defense attorney who understands the potential effect of various criminal case dispositions on client?s licensure. In addition to handling professional license defense cases, we are skilled criminal trial attorneys and we will not advise you to enter a plea bargain unless absolutely dictated by your best interests.

When a physician is under investigation for professional misconduct, the stakes are high. More than just your license is in jeopardy. We understand the risks involved and we take every case extremely seriously.

NEW JERSEY MEDICAID AND MEDICARE EXCLUSION ATTORNEYS

Our New Jersey Medicaid and Medicare exclusion attorneys represent Medicaid and Medicare providers that have been excluded from participation in the program as the result of criminal conviction or a disciplinary action.

When it comes to participation in some insurance programs such as Medicaid and Medicare and to being granted hospital privileges, physicians have fewer rights that most of them might think. A criminal indictment for activity that would be a crime in New Jersey and that relates to the practice of medicine, may and often does result in automatic suspension from participating in the Medicaid program, for example, although the physician is innocent until proven guilty.

A criminal conviction or a disciplinary action may adversely affect a physician’s panel membership or hospital privileges. Entities such as insurance companies, hospitals, and HMOs have implemented procedures to determine their member’s fitness and have their own standards for accepting and dismissing physicians. When filing out the review form, you should when unsure, feel free to consult with our attorneys.