A 2013.04 Retrospect New York – Virginia Case Study of Haberslaw.
Haberslaw had a client who was licensed in both Virginia and New York. He had been going through some pretty difficult personal issues and let his office records slide to the point that they were alleged to be deficient and came to the attention Virginia Department of Health Professions. Haberslaw reviewed the records and assisted in organizing them in an appropriate fashion, while supplementing them when possible with hospital and other legitimate records. All supplementation was appropriately documented. Haberslaw arranged a meeting with a physician resolution panel of the Virginia Department of Health Professions. Haberslaw negotiated a short year probationary period for the physician who was very pleased.

New York is a rather unique state when it comes to the administration of physicians licenses. While the Regents of the New York University System issue medical and other professional licenses, the New York Department of Health has jurisdiction to discipline physicians. However, the University Regents retained jurisdiction over most other healthcare professionals concerning discipline. Pharmacists and other non-physician healthcare professionals appear before the Regents and its bureaucracy concerning discipline but not the physicians. Physicians are subject to the authority of the New York Department of Health.

Just as the short probationary period was running out in Virginia, the New York Department of Health sent a notice from its then Director’s Office. Director Axelrod was an individual whom most New York physicians felt was overly penal in his perspective. While the Virginia Department of Health Professions was satisfied with a short period of probation, the New York Department of Health was demanding revocation. Haberslaw swung into action and sought to negotiate a similar settlement with New York which was with secondary sister state jurisdiction inasmuch as the incidents involved occurred in Virginia. New York, being true to its reputation under Director Axelrod, insisted on a revocation. Haberslaw demanded a hearing before an ALJ and sent off a large box of documents as evidence. When faced with the case prepared by Haberslaw, the New York Department of Health agreed to a similar probationary period in lieu of its earlier demanded revocation. At times, physicians need triage and healing as much as their patients do. When licensing Boards forget that, it becomes time when physicians need to call for their doctor of law to come in and assist like the airborne.

Haberslaw seeks to keep physicians and other healthcare providers informed of the current topics in today’s medicine, including the CMS’ & the OIG’s provisions concerning fraud detection, the National Practitioners Data Bank [NPDB], Exclusions, Licensing Board Actions, telemedicine, RAC activity, ZPIC activity, ACO, MAO and the other various topics of the day. You want to stay abreast of the issues of the day. You do not want to be subject to recoupment of payments for legitimately rendered services due to technical errors that are not of substance neither do you want to be charged with fraud and have to defend yourself in a criminal forum. If you need more specific information concerning this topic or the implications of this article, the staff of haberslaw is available for a no obligation initial consultation at 301-670-0016. If the OIG or any of CMS’ contractors contact you, you should contact an experienced firm. It does not matter if you are innocent. What matters is if you can prove that you are innocent. It does not matter if you billed for services actually rendered. What matters is if you have properly document for the services. Also, haberslaw can assist with Defensive Medicine, Fraud Avoidance, Medicare Compliance, Medicare participation, Hospital Staff Privileges, Medical Board Licensure, Medicare audits, as well as many other issues so as to avoid problems. Additional topical information of the day is available on the E-education page at www.haberslaw.com Please feel free to contact us for a no obligation initial consultation.