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Recent Blog Posts
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.
Why Pharmacies Should Only Use VAWD-Certified Drug Wholesalers
In 2004, the National Association of Boards of Pharmacy (NABP) established the Verified-Accredited Wholesale Distributors (VAWD) process in order to keep the country’s supply of prescription drugs and medical devices safe from counterfeit products. The NABP process is a rigorous one. In order to receive VAWD-certification, a drug wholesale company must show that they have a legitimate operation, their license is in good standing, they have employees, and utilize best practices when it comes to handling, storing, and shipping prescription drugs and medical devices.
It is in a pharmacy’s best interests – as well as their customers’ – to always purchase medications and devices from a VAWD-certified company. Although it may be tempting to purchase from a secondary wholesaler because it has lower prices than an accredited company, you have no idea where the products are coming from or how the company operates since there is no oversight. Recent events emphasize just how dangerous this can be.
Responding to an IDFPR Complaint Notice
Receiving a formal notice of complaint from the Illinois Department of Financial and Professional Regulation (IDFPR) can feel overwhelming, no matter what profession you are in. A formal complaint can have devastating repercussions – not only on your reputation, but on your entire career and livelihood. Regardless of whether the notice is about a minor disciplinary action or threats of suspension or revocation of your license, it is critical to consult with an Illinois professional license defense attorney immediately.
You Have Received the Notice. Now What?
When an Illinois professional board receives a complaint – whether it is the medical, nursing, pharmacy, dental, real estate, or any other professional board – it will determine if it has the proper jurisdiction. If it does, then the board will initiate a formal investigation. The licensee who is being investigated will be sent a formal notice in writing, advising them of the complaint and investigation.
Two Illinois Doctors Indicted by DEA for Operating Pill Mill
The Drug Enforcement Administration (DEA) – Chicago Division, along with the U.S. Attorney for the Northern District of Illinois recently announced that two Illinois doctors were indicted on federal criminal charges for allegedly prescribing opioids to patients who did not have a legitimate medical reason for the drugs.
The Indictments
According to the information released by the DEA, one of the physicians charged managed a medical practice in Melrose Park and the second physician was employed there. The indictments allege that between 2015 and 2020, the doctors dispensed fentanyl, hydrocodone, oxycodone, and other controlled substances to patients who came to the practice but that no physical exams or diagnostic tests were performed on these patients in order to confirm what medical needs the patients had for these drugs.
The doctors are also accused of causing pharmacies to submit many claims to Medicare and Medicaid for prescriptions that were allegedly improperly prescribed.
Fraud Alert: Scammers Targeting Medical License Holders
Over the last few months, federal and state agencies across the country have issued warnings to health care professionals who hold various licenses to watch out for phone calls and letters from scammers claiming to be from state medical boards, claiming the person’s medical license has been suspended. The FBI and other law enforcement agencies are currently investigating these alleged scams. If you have been contacted by someone claiming to be from the Illinois Medical Board threatening that your license is in jeopardy, it is important to contact an Illinois professional license defense attorney right away.
Details of the Scam
According to details released by law enforcement, the scammers will contact a health professional usually by phone. The call appears to be legitimate to the recipient because the scammers have been able to alter the phone number on the person’s caller ID so that it appears that the call is actually coming in from the state’s medical board.
FSMB: Medical Professionals Risk Losing License for Spreading False COVID-19 Vaccine Info
There is no doubt that the country is deeply divided over just how serious COVID-19 is and what steps should be taken to mitigate the spread of the virus. There is intense debate over vaccines, masks, and social distancing, with much of that debate raging over social media platforms. Unfortunately, there has been an avalanche of misinformation and disinformation posted on these platforms about the virus. Some of this information comes directly from physicians, nurses, and other medical professionals. All of this misinformation has prompted the Federation of State Medical Boards (FSMB) to announce that any healthcare professional who spreads COVID-19 misinformation is at risk of losing their medical license.
The Federation of State Medical Boards
The FSMB is a nonprofit organization that represents 71 state medical and osteopathic boards in the United States. The organization provides education, data, assessment, and research to medical boards, while also focusing on initiatives and services that promote regulatory best practices, quality health care, and patient safety. The FSMB also co-sponsors the United States Medical Licensing Examination.
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