Kansas Doctors of Optometry: 9 Ways to Endanger Your Professional License

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In Kansas, doctors of optometry or “optometrists” as they are commonly known, are licensed by the Kansas Board of Examiners in Optometry. The Board’s purpose is not only to license professionals but also to ensure that the general public is protected. Each year, optometrists are disciplined as the result of actions that violate the profession’s code of ethics. The following are some of the most common mistakes that in the discipline:

  1. Professional Incompetence: Although this is a broad area, licensees who fail to adhere to the standards of care required by the Board are considered to be negligent. Negligent conduct whether “ordinary” or “gross”, subjects a licensee to disciplinary action.
  2. Misconduct: Any misconduct, sexual or exploitive, in connection with the licensee’s practice of optometry is grounds for discipline.
  3. Failure to Obtain/Maintain Insurance: Pursuant to Kansas law, licensees must maintain professional liability insurance, which includes paying the monthly fee on a timely basis.
  4. Failure to Provide Patient with Prescription: In Kansas, it is against the law for a licensee to not provide a patient with his or her written prescription for eyeglass lenses after the completion of an eye exam.
  5. Controlled Substance Abuse: Each year medical professionals across the country are disciplined for prescribing, purchasing, selling or administering prescription drugs for illegal purposes. If you have a substance abuse problem, seek help immediately. Failing to obtain necessary treatment places your license and your livelihood in jeopardy.
  6. Fraud: A licensee who has used or permits fraudulent or false advertising is subject to discipline. Any conduct that is deemed to deceive, mislead or harm the public is prohibited.
  7. Unauthorized Practice: A quick way to find yourself in hot water with the Board is by allowing your professional license to lapse. Failure to timely renew your license may mean you are practicing optometry. This can lead to revocation or suspension of a licensee’s license and/or censure of the licensee.
  8. Felony Conviction: A licensee who is convicted of a felony is subject to discipline, including loss of license, regardless of whether the felony was related to the licensee’s professional practice or duties. It is important for all licensees to be aware that in Kansas, a third DUI conviction in many instances is a felony.
  9. Failure to Comply with the Board Requirements: Licensees often find themselves not knowing what to do when the receive notice of a pending investigation by the Board. However, failure to comply with certain Board demands or follow Board rules can be reason alone for discipline. This is why is it is important to seek the counsel of an experienced professional license defense attorney immediately.

If you have received notice from the Kansas Board of Examiners of Optometry that you are the subject of an investigation, contact the Sanger Law Office today at 785-979-4353. The professionals at the Sanger Law Office understand that your professional license is more than just a piece of paper, it is your livelihood. Do not delay. Call the Sanger Law Office today to schedule your free and completely confidential consultation.

Kansas Health Care Professionals: Protect Your License, and Beware of Medicare & Medicaid Fraud

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Open the newspaper or turn on the television and you are sure to see a story about the widespread prevalence of Medicare and Medicaid fraud by health care professionals. As a result, the United States Department of Justice has made it a top priority to track down those health care professionals who have engaged in such fraudulent practices. In July, a Miami psychiatrist and six other therapists were arrested on charges that they schemed and defrauded over $60 million dollars from the Medicare program. Medicare and Medicaid fraud is not only a federal crime, it can also cost a health care professional his or her professional license. One way to protect yourself and your license is to be vigilant. The following are some of the most common Medicare/Medicaid fraud schemes plaguing health care professionals:

  1. Upcoding: Upcoding refers to a practice where heath care professionals bill Medicare/Medicaid for services or treatments that are covered by Medicare/Medicaid that the patient did not receive, in place of billing for the actual service or treatment that the patient did receive, which is not covered by Medicare/Medicaid.
  2. Waving Copayments: Another way health care professionals have defrauded Medicare/Medicaid is to waive the regular copayment for patients regardless of whether the patient meets the income requirements to do so. Once the copayment is waived the health care provider may also try to suggest treatments or tests to the patient that are unnecessary, but that the patient may go along with, since the test would be free.
  3. Increased Billing Rates for Medicare/Medicaid Patients: A simple Medicare/Medicaid fraud scheme is when Medicare/Medicaid patients are billed more for the exact same services, tests, treatments, etc. than a non-Medicare/Medicaid patient.
  4. Unbundling: Unbundling refers to a fraudulent billing practice where a Medicare/Medicaid patient is not charged once for the entire procedure, for example, a hysterectomy, but rather billed individually for the component services and procedures that comprise the surgery separately.
  5. Billing Medicare/Medicaid for DME Patient Never Received: DME or durable medical equipment refers to any medical equipment that a patient requires for his or her medical condition. DME includes wheelchairs, nebulizers, mobility scooters and moveable hospital beds. In this scheme, a health care professional charges for DME that the patient never actually receives. These items can cost upwards of tens of thousands of dollars.
  6. Billing Medicare/Medicare for Services Patient Never Received: This scheme is similar to the previously described scheme except that Medicare/Medicaid is billed for treatments or procedures that the patient did not receive. Typically, these phony charges are “hidden” amongst other charges for legitimate services that the patient actually received.

If you received notice from your licensing board that a complaint has been filed against you, it is imperative that you act quickly in order to protect your license. When you contact the the Sanger Law Office, by calling 785-979-4353, we will schedule a free and completely confidential consultation. At this consultation, the team of professionals at the Sanger Law Office will listen to you and determine the best approach to protect your livelihood and your reputation. The Sanger Law Office takes pride in providing licensees with exceptional legal services.

Kansas Health Care Professionals: Know the “Rules” of Social Media

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For many people, Facebook and other social media networking sites have become as much a part of their daily routine as walking the dog, checking e-mail, and kissing their spouse goodbye. Some people even find a way to check Facebook while doing other tasks! Regardless of whether you are an occasional user or “regular” of Facebook and other similar sites, you need to use social media wisely. As a health care professional in particular, social media can quickly turn from a friend into an enemy. Each year, health care professionals find themselves facing discipline for mistakes made on Facebook and other social media sites. The following are a few tips to follow so that you can use Facebook without the fear that you are putting your professional license in jeopardy:

  • DO – have a response ready in case a patient asks if you are on a particular social media site. Sometimes patients can mistake the care that you are providing to them for friendship and want to continue that relationship on a social media site. This may be a case where honesty is not the best policy.
  • DO NOT – set your Facebook settings to “public”. Employers and prospective employers frequently comb through social media sites. Photos and other postings on your social media site may paint you in a different light than the dedicated health care professional that you are.
  • DO – visit Facebook or your other social media site’s privacy settings frequently. Facebook and other social media sites are constantly altering website privacy controls. Users who are not vigilant risk sharing information that was previously private with the world.
  • DO NOT – share photos of your workplace or of patients. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) protects patient information from being improperly shared. Posting a photo or a description of a patient or your workplace may raise eyebrows and come across in the wrong way.
  • DO – filter your posts. One rule of thumb is that if you do not want everyone in the entire world to know the information you are considering posting, then it is probably a good idea not to post it. People who you have allowed to see your information can easily share your posts and photographs with those you have not authorized to see your information. It is best to regard Facebook and other social media sites as public spaces and the information you place there as public and no longer under your control.
  • DO NOT – speak badly of your employer, co-workers or your position on any social media site. Regardless of whether or not you are “friends” with any of your co-workers, it is too easy for that information to land in the wrong hands.
  • DO – find other avenues to vent about your job frustrations. Health care professionals have demanding jobs that often require them to work long hours. Although it may be tempting to communicate your frustrations to your “friends” on social media, it is often better to communicate in person.

If you are a licensee who has received notice of a pending investigation, contact the Sanger Law Office today at 785-979-4353 to schedule a free and completely confidential consultation. Before you talk with an investigator or communicate with your applicable licensing board, you need to consult with an experienced Kansas professional license defense attorney. The Sanger Law Office prides itself on providing licensees with exceptional legal services. Trust our team of professionals to protect your license.

Kansas Health Care Professionals Safeguard Your License: Understand Your Obligations Pursuant to the Americans with Disabilities Act

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The Americans with Disabilities Act (“ADA” or “Act”) was signed into law almost 25 years ago. The Act prohibits Americans with disabilities from being discriminated against in certain circumstances.  A “disability” is defined by the Act as referring to any physical or mental impairment that markedly limits at least one major life activity. A major life activity can include, breathing, walking, speaking, learning, and hearing, just to name a few.

Title III of the ADA requires all health care providers to provide effective communication to all patients who are deaf or hard of hearing. The term “health care providers” includes not only hospitals and clinics, but also applies to private physician and dentists, regardless of the size of the practice or the number of employees each employs.

In July of 2013, the United States Department of Justice filed a lawsuit against a Florida doctor and his medical practice for alleged violations of the ADA. According to the complaint, the doctor was the primary physician for a deaf couple for a number of years. Upon learning that the couple had filed a lawsuit against a local hospital, which was also affiliated with the doctor’s practice, the doctor terminated the couple as patients. The basis of the lawsuit against the hospital was that the hospital had allegedly failed to provide a sign language interpreter to the couple while in the emergency room. Such acts constitute discrimination and are in violation of the Act. The doctor’s actions were a violation of the ADA because, according to the language of the ADA, a person cannot be terminated as a patient for exercising his or her rights under the ADA and the doctor’s actions were in retaliation of the couple’s lawsuit.

In statements made by the doctor, he admitted to terminating the couple as patients upon learning that the couple had filed suit against the hospital. In his defense, the doctor stated that he had never had any problems communicating with the couple in his past encounters and felt that the couple was dishonest in pursuing the lawsuit against the hospital.

Health care professionals need to understand what does and does not qualify as “effective communication” since what may be considered effective communication in one situation may not be effective in another situation, even with the same patient. For example, providing written communication such as forms or information sheets may be considered effective communication with respect to learning a patient’s billing information. However, when discussing a patient’s symptoms or the physician’s diagnosis, a qualified interpreter may be necessary.

If you are a health care professional and have learned from your licensing board that a complaint has been filed against you, contact the Sanger Law Office today at today at 785-979-4353 to schedule your free and completely confidential consultation. At the Sanger Law Office we understand what your professional license means to you and will work with you to develop the best strategy to protect your livelihood. You can trust the experienced team of professionals at the Sanger Law Office to provide you with excellent legal services.