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Defending Against Accusations of Patient Abandonment in Illinois
When you own or are part of a medical practice, you may have long-term patients who have been coming to you for their healthcare needs for years. You may also have patients who are only short-term – maybe they move away and that means changing physicians, or your practice is no longer covered under their health insurance plan, or maybe they just decide to change doctors. However, there may be the occasion where you yourself decide you need to end a relationship with one of your patients. While you may think that you have every right to choose who you take on as patients and who you do not, how you terminate a patient relationship may result in accusations of patient abandonment.
Terminating a Patient
There are a number of valid reasons why a doctor may make the decision to end a relationship with a patient:
Defending Your Illinois Medical License Against Charges of Sexual Harassment
According to the Equal Employment Opportunity Commission (EEOC) workplace sexual harassment continues to be a major issue in the United States. Although significant strides have been made in the prevention and elimination of sexual harassment in the workplace, there is still far to go. Workplace sexual harassment can be found in just about every industry, and the medical field is no exception. And while accusations of workplace sexual harassment can wreak havoc in any employer’s life, when a physician is accused of inappropriate behavior, it can also mean the loss of their medical license.
Workplace Sexual Harassment Continues to Exist in the United States
More than 6,500 complaints of workplace sexual harassment were filed with the EEOC in 2020, a decrease of about 1,000 complaints as compared to the year before. Although there are several factors which may play into that decrease, the COVID-19 pandemic causing business shutdowns and many employees working at home may have been a significant one. Unfortunately, the EEOC also estimates that a great many incidents of workplace sexual harassment go unreported because the victims fear there will be retaliation, the belief that nobody will believe the allegations to be true, and the belief that nothing will be done to stop the harassing behavior.
Should Licensed Professionals in Illinois Purchase Professional Liability Insurance?
It is a given in the medical community that any type of physician should have medical malpractice insurance. In today’s litigious society, with thousands of malpractice lawsuits filed every year, just one malpractice claim against a doctor could destroy them financially, both professionally and personally. However, many other licensed professionals, such as nurses, social workers, and counselors,can also face serious allegations that can impact their career and finances. Yet, many of these professionals do not have any kind of liability insurance to cover the costs of these claims. This is why having professional liability insurance can be a safety net to professional and financial disaster.
Why You May Need Your Own Policy
Most nurses and social workers are covered under their employers’ liability insurance policies. For example, a nurse who works in a hospital would be covered under that hospital’s policy if a patient filed a malpractice lawsuit and that nurse was one of the parties named in the suit. However, that policy may not cover the cost to that nurse of defending his or her license before the Illinois Board of Nursing for any complaints that may result in that lawsuit.
Illinois Doctors Arrested for DUI Must Also Defend Their Medical Licenses
The winter holiday season is usually made up of get-togethers with family and friends, holiday work parties, and other celebrations. There is often alcohol involved in many of these gatherings and sometimes people can over imbibe. When an intoxicated individual gets behind the wheel, they may face charges for driving under the influence of alcohol (DUI). The consequences of a DUI conviction in Illinois can have a significant impact on anyone’s life, but if you are a doctor, a DUI conviction can also have an impact on your medical license and professional reputation.
DUI Penalties for Conviction
Anyone who is arrested for DUI in Illinois must face both the criminal justice system and the Secretary of State’s office in an administrative hearing. A person who refuses to submit to a chemical test faces an automatic loss of driving privileges under the Illinois implied consent laws. Failure of chemical testing also can result in automatic loss of license.
Is Your Illinois Pharmacist License at Risk?
Pharmacists, just like many other professionals, are required to complete necessary education and training related to their field, and then obtain their license through the state of Illinois. The agency that is in charge of licensing and regulation over the state’s approximately 20,000 pharmacists and pharmacy technicians is the Illinois Board of Pharmacy, which is part of the Illinois Department of Financial and Professional Regulation (IDFPR).
Part of the oversight the pharmacy board has is handling all complaints and investigations, as well as taking any appropriate disciplinary actions. If you have received notification from the board that they are investigating a complaint against you or conducting an investigation for any other reason, it is important to contact an Illinois professional license defense attorney right away.
Reasons for an Illinois Board of Pharmacy Disciplinary Action
The Illinois Board of Pharmacy can place a pharmacist on probation, or they may even revoke the pharmacist’s license if they feel the pharmacist has committed a violation. For example, a pharmacist who has been convicted of a felony level offense or has been convicted of a crime of moral turpitude may lose their pharmacist’s license. Crimes of moral turpitude include sexual misconduct, assault, and DUI.
On What Grounds Can an Illinois Real Estate License Be Revoked?
The real estate market is booming across Illinois and across the country. For sale signs that are put up in front of homes are quickly replaced with under contract and sold signs. Many real estate agents are having great success in sales and the commissions they are earning. However, all it takes is one complaint or one investigation by the Illinois Division of Real Estate (DRE) and that success can quickly disappear.
Without a real estate license, a person cannot sell real estate in the state. The DRE has established standards that all Illinois real estate professionals must adhere to. Accusations of not following those standards could result in loss of your license. So, what types of issues could threaten an agent’s real estate license?
Criminal Conviction
One of the most serious issues that can result in loss of a real estate license is a conviction for certain crimes, especially crimes of moral turpitude. Crimes that fall in this category include the following:
Illinois Can Suspend Your Medical License for Failing to Pay Child Support
We have discussed many issues that can threaten a physician’s medical license in our blogs, including allegations of insurance fraud, substance abuse issues, and allegations of medical malpractice. These types of issues usually go through a process that is overseen by the Illinois Medical Board and – depending on the circumstances – often involves filing responses, hearings, and even appeals. However, there is one issue that could result in a suspension of a doctor’s medical license that does not involve that process and occurs quickly once it is requested. That issue is failure to pay court-ordered child support.
Illinois Child Support Law
Under the Illinois child support law, every parent has a legal duty to support their child and, according to the law, that duty “includes the obligation to provide for the reasonable and necessary physical, mental and emotional health needs of the child.” In most cases, child support is paid to the parent that the child will be spending the majority of time with.
Is Your Illinois Dental License in Jeopardy?
The Illinois State Board of Dentistry is the agency that oversees licensed dental professionals. If a complaint has been filed against a dental professional with the board of accusations of unnecessary treatment, substandard care, or inappropriate behavior, it is critical to have an experienced Illinois professional license defense attorney defending you against these allegations or you could risk losing your license to practice. In some cases, the patient may have also filed a dental malpractice claim.
Why Should I Have an Attorney?
Defending against a complaint can be a complicated process, requiring the knowledge and experience of how the process works. Failure to respond to the board before deadlines and with required information can result in serious consequences for the dental professional being accused.
The first step the board will take when a patient has filed a complaint is to decide if the complaint has merit. If the board decides it does, it will be given to a dental board investigator to begin an investigation into the allegations. Your attorney will prepare a written statement responding to the complaint, as well as help you prepare for any written questions by the dental board investigator assigned to your case.
Fighting a Medicare or Medicaid Revocation
In today’s litigious society, doctors often have to worry about medical malpractice claims. The high cost of malpractice insurance to protect a physician and their practice is one of the factors that drives the high cost of healthcare. Although focused on malpractice concerns, worrying about accusations for Medicare or Medicaid fraud is not something that a physician usually concerns themselves with, yet these accusations occur much more often than you may realize.
Medicare Fraud Accusations
The False Claims Act was enacted to protect these programs from the filing of false claims. A physician can be accused of fraud for false claims if the Office of Inspector General (OIG) feels that physician knew or should have known the claims were not valid. Under this law, a physician can be held legally liable even if they had no idea their office was submitting fraudulent claims with Medicare or Medicaid. If the OIG finds the physician guilty, that physician can receive a fine of $11,000 for every incorrect or fraudulent item billed to the government.
Healthcare Audits and Investigations in Illinois
Hearing the word “audit” can trigger a stressful reaction, no matter what entity is conducting the audit. One of those entities is the Illinois Office of Inspector General. Receiving notification that your medical practice is under an audit or investigation by IG could result in severe consequences without the experienced and skilled representation of an Illinois medical license defense attorney.
Is There a Difference Between a Healthcare Audit and a Healthcare Investigation?
The two terms are often misunderstood to mean the same thing but there are specific differences between the two. A healthcare audit examines the behaviors and actions of the medical practice when it comes to the financial side of things. An audit will examine what the practice is issuing charges for, how funds are being spent, and if there is cohesiveness with all of these figures.
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