CALL TODAY FOR A FREE CONSULTATION
630-310-1267
Recent Blog Posts
Can Chiropractors Face License Discipline Based on Malpractice Claims?
Chiropractors provide essential care for many patients, helping them address issues that affect their back, neck, and spine. As is true for other medical professionals, chiropractors are required to obtain and maintain a professional license. Unfortunately, some chiropractors may face discipline from the Illinois Board of Chiropractors/Physical Therapists based on fraud, substance abuse, unprofessional conduct, criminal convictions, or misleading advertising. In addition to avoiding these issues, chiropractors may also need to address complaints that they have provided substandard care to patients.
Complaints of Substandard Chiropractic Care
While spinal manipulations performed by chiropractors can provide many benefits for patients, they can sometimes have adverse effects. To minimize the risks of harm to patients, chiropractors should always focus on preserving and protecting a patient’s overall health, ensure that patients are fully informed, and refer patients to other medical providers when necessary. Claims of substandard care by chiropractors may be based on:
How Can I Defend Against the Loss of Medical Board Certification?
Doctors and other medical professionals are required to meet a large number of requirements before they can practice medicine. These requirements include obtaining a medical degree from a qualified medical school, completing a multi-year residency training program, and obtaining a medical license. However, a person’s training will not end at this point, and to ensure that they are providing quality medical care to patients, medical professionals will need to maintain up-to-date knowledge of medical science and standards while continually working to improve their skills.
In addition to meeting licensing requirements, doctors and medical providers will often obtain medical board certification from specialty boards such as the American Board of Pediatrics or the American Board of Surgery. This certification demonstrates that they meet high standards of care and are continually improving their knowledge and skills. To maintain board certification, providers will need to participate in continuing medical education, and they must pass assessments to ensure that their knowledge is up-to-date and that they are providing quality medical care to patients.
What Should I Do if I Receive a DEA Notice of Inspection?
Medical providers that prescribe, dispense, or handle controlled substances are required to follow all applicable laws and regulations related to these drugs. The Drug Enforcement Administration (DEA) monitors providers to ensure that controlled substances are being used correctly, and it may take action to address any potential violations of the law. As part of its ongoing efforts, the DEA often conducts audits and inspections, and providers who have received a Notice of Inspection from the DEA will want to understand their rights and how they can protect themselves from consequences that could affect their DEA registration or their professional license.
Understanding DEA Inspections
The DEA performs regular, routine audits of medical providers that have a controlled substance registration. Inspections may also be performed as part of a larger investigation related to possible drug diversion, including in cases involving reports or claims of unlawful prescribing, unlawful dispensing, or conspiracy to possess or distribute controlled substances.
How Managing the Pain of Patients Can Place the License of Nurse Practitioners at Risk
Opioid abuse and the abuse of other prescription drugs are at an all-time high in the United States. Pill mills are among the major sources of these drugs. As a result, federal and state agencies, as well as licensing boards have started cracking down on the prescribing of pain medications. In fact, facilities that work with the chronically ill are facing intense scrutiny, as are advanced practice registered nurses since they work under prescriptive delegation. This extra attention, though not always warranted, places the licensing status of nurses at risk. Learn more about the investigation process and how to protect your nursing license with help from the following information.
Investigations Can Be More Like Fishing Expeditions
Investigations for matters relating to prescriptive authority or the “excessive” writing of pain prescriptions may be closed if the Illinois Board of Nursing lacks evidence. Alternatively, the investigation could go another way. Something you say could be misinterpreted as evidence in a prescription abuse case, or the investigation could turn into a fishing expedition. The investigator might start looking for any sort of infraction. He or she could even use what seems like an innocent conversation to gather evidence against you for a matter completely unrelated to the initial query. This is why it is so critical that you understand the investigative process, the risk to your nursing license, and how to protect it.
The Federation of State Medical Boards: What It Is and Why Physicians Should Care
Most Illinois physicians are familiar with the Illinois Medical Board. It is where they obtained licensing status, and it is a constant concern to their practice. However, fewer people—including some doctors— know about the Federation of State Medical Boards (FSMB) and the role it plays in their lives. Learn what it is and why it is important with help from the following information.
The Federation of State Medical Boards
Each state has its own licensing board, and the Federation of State Medical Boards ties them all together. It represents the 70 medical boards in the United States and its territories, including the District of Columbia. It offers policies, education, programs, and additional services to the state boards so that they can function effectively. The FSMB also enables state-to-state sharing of physician information. By far, that sharing is likely the most concerning issue for physicians.
Three Tips Regarding Social Media Use for Medical Professionals
Social media has dramatically changed the way people interact with one another, and it has become a large part of life for many people. In fact, a recent study found that about 244 million Americans—about two-thirds of the entire population!—use some type of social media. Many professionals, including lawyers, accountants, and consultants, maintain various social media accounts, as do many doctors, psychologists, dentists, and other healthcare professionals. In light of modern privacy laws, however, medical professionals must be sure that their social media posting remains ethical and compliant with the standards that apply to such individuals.
Privacy and Ethics
A healthcare professional is required to follow a variety of privacy laws, the most notable of which is the Health Insurance Portability Act—more commonly known as HIPAA. While there are many elements to HIPAA, one of the law’s primary functions is to ensure that patient’s personal and healthcare information is well protected. Unfortunately, not all medical professionals are as careful on social media as they should be, and sometimes, a doctor or nurse might post something that violates HIPAA, leading to the possibility of action from the state licensing board.
Reasons You Could Lose Your Hospital Privileges That Have Nothing to Do With Patient Care
By their very nature, most physicians—including Medical Doctors (M.D.s) and Doctors of Osteopathic Medicine (D.O.s)—tend to have an independent decision-making spirit. While they are also generally very intelligent and dedicated to their patients, the responsibilities that come with gaining admitting and practicing privileges at a particular hospital can sometimes seem to conflict with a doctor’s sense of independence.
In addition to standards of care, hospital privileges also involve collegial, social, and legal elements that are more complicated than just taking care of patients. A physician who does not live up to all of a hospital’s expectations could quickly find that he or she is in danger of losing membership on the hospital’s medical staff.
Avoid These Types of Behaviors
It is understandable that concerns over the level of care that a physician provides could lead to the possible suspension or termination of the doctor’s hospital privileges. Such concerns could pertain to the doctor’s bedside manner, the failure to seek approval before trying unorthodox treatments, or not reaching out to specialists or consultants for questions outside of the physician’s area of specialty. Repeated incidents could become problematic and lead to the hospital suspending your privileges.
Billing Practices That Could Lead to Losing Your Medicare Enrollment
According to the Centers for Medicare & Medicaid Services (CMS), there are currently more than 60 million Americans who are enrolled as Medicare beneficiaries. This number includes individuals enrolled in “original” Medicare as well as in Medicare Advantage plans with private insurers. In order to be able to serve this large portion of the population, a medical provider must enroll as a Medicare provider and keep that enrollment in good standing. This means the provider must meet all of the requirements set forth by CMS and avoid behaviors that could lead to a revocation of the provider’s Medicare status.
Revocation of Medicare Enrollment
Under §424.535 of the Code of Federal Regulations, there are many different reasons for which a provider could have his or her Medicare enrollment status revoked. They include noncompliance with enrollment requirements, causing harm to patients, being convicted of certain felonies, improper medication prescribing practices, and failing to comply with CMS reporting requirements, among many others.
What to Do If Your Practice Is Under Investigation by the DEA
Have you recently learned that your medical practice or pharmacy is being audited or investigated by the U.S. Drug Enforcement Agency (DEA)? You might have discovered this information by chance or have been informed directly by a DEA agent. Either way, a DEA investigation can be frightening, especially if your livelihood depends on keeping your DEA registration and your professional license. The good news is that our firm is equipped to help healthcare professionals of all types in all types of DEA-related matters.
DEA Tasked With Helping to Manage the Opioid Crisis
Over the last few years, the misuse and abuse of opioid drugs have become major problems throughout the country. In fact, the situation is serious enough that the acting U.S. Secretary of Health and Human Services declared a public health emergency in 2017, and health officials began using the word “epidemic” to describe the widespread nature of the crisis. At the time, the Centers for Disease Control and Prevention estimated that 91 per day were dying from opioid overdoses.
Can the COVID-19 Pandemic Affect an Illinois Nursing Home License?
Because of their important role in providing for the care and health of their patients, Illinois nursing homes are subject to oversight from both the Illinois Department of Public Health (IDPH) and the federal Centers for Medicare and Medicaid Services (CMS) to ensure they are in compliance with regulations. With the additional risks that the COVID-19 pandemic poses for nursing home residents, additional guidelines have been put in place to promote their safety. Now more than ever, it is important for nursing homes to take the necessary measures to avoid violations that could impact their licensure.
Guidelines for Illinois Nursing Homes During COVID-19
Based on guidance from the Centers for Disease Control, CMS has issued guidelines for the safe operation of nursing homes and other long-term care facilities throughout the United States. For example, nursing homes must:
Practice Areas
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
1550 Spring Rd. Suite 225, Oak Brook, IL 60523
630-310-1267
