Kansas and Missouri Professional Licensing Attorney Danielle Sanger Provides an Overview of Physician License Claims

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Physician clients from both Kansas and Missouri often ask me why their licenses are so frequently targeted for discipline. My answer varies depending on the case, but always includes the factors: we live in an extremely litigious nation, physicians are perceived as “deep pockets” eager to pay out settlements, and medicine is a highly regulated field with a multitude of ways to break the rules daily. Taking those factors together, it is not hard to see why licensure claims are fast to rise, hard to defend, and require expert counsel.

The first sign that you are being investigated for a licensing issue is a request from the state for records or an interview.  It may be an innocuous request based on a report that will be easily explained, or it may be an aggressive action to take your license that will require an aggressive response. Either way, aggressive, experienced licensing counsel is critical to defending your license and livelihood from a suspension or revocation. I wrote the following post to outline why discipline could occur and what you should do if an allegation arises. If you are licensed medical professional in Kansas or Missouri facing an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career is at risk, and you cannot work your way through this alone.

Types of License-Threatening Complaints Physicians Often See

There are several different types of licensing complaints that my physician clients see. Some are driven by the physician’s behavior, such as arrests for DUI or drug use.  Others stem from the allegations of misconduct related to medical clinic management, such as fraud, sexual misconduct towards patients, and faulty recordkeeping.  Regardless of the type of allegation, they are all extremely serious, as if they go unaddressed, they can result in your livelihood being taken from you. Having experienced counsel by your side is vital; even if the case against you is strong, the penalties may be mitigated by my knowledge of the medical boards in both Missouri and Kansas. So while you may still receive a reprimand for an error in judgment, that is usually considered a success when a revocation was at stake.

I am often asked about the most common types of misconduct allegations that I see. I have written the following list, which I have listed in order of most to least common:

Substance Abuse/DUI—these allegations often involve physicians also being charged criminally. As one might imagine, an arrest for DUI often rises from a physician’s arrest. Substance abuse allegations, however, often arise from third party claims.  This can be an ex-spouse or spurned medical partner. Increasingly, I see claims made by drug-seeking patients who were rightfully denied prescription medications filing these complaints in revenge.

Medication Violations—given the opioid epidemic, there is increasing drug-seeking behavior by patients. Allegations commonly arise when medications are provided improperly or over-prescribed. Commonly, patients also make revenge complaints when physicians refuse to prescribe more pills.

Fraud—these complaints often arise around behaviors suggesting that either unnecessary procedures are being performed or that patients are being overbilled for procedures. These complaints often arise amidst Medicare or Medicaid audits. Another form of fraud can occur as a result of sloppy or otherwise poor record keeping.

Sexual Misconduct Allegations—allegations of improper sexual contact with a client are, unfortunately, common. These allegations often arise in the context of consensual relationships that end badly as well as non-consensual assault allegations.

Criminal Conviction—domestic violence, assault, and other criminal charges almost always result in a concurrent review of a physician’s license.

Medical Negligence—when serious malpractice claims arise, there is often a concurrent license action against the physician.

Unlicensed Practice of Medicine—physicians that practice outside the bounds of their licensure run the risk of a claim of unlicensed practice of medicine. They have a medical license but may not have the licensure required for the specialty they are dabbling in.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

Any physician in Kansas or Missouri contacted by a state investigator or licensing board should contact experienced counsel immediately. Your license to practice is in jeopardy, and these initial moments are crucial. You have no obligation to speak to anyone without counsel present and talking to an investigator without counsel may be a fatal error. Contacting an experienced licensing attorney to help you through this process and can mean the difference between getting back to helping your patients and a license suspension or revocation.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend you. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with licensing issues.

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains—HIPAA Violations and Your Medical License

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Everyone working in the medical field is aware of “HIPAA.” Congress created the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to protect patients’ privacy and to make sure that patients’ records were held securely. Serious penalties may result from doctors, nurses, hospitals, or other medical providers violating HIPAA, ranging from minor fines of $100 for an inadvertent, de minimus violation to $1.5 million for a pattern of willful acts. In serious cases, HIPAA violations could also result in criminal prosecution. In addition to these civil and criminal penalties, physicians in Kansas or Missouri accused of a HIPAA violation may face the loss of their medical license.  To avoid these severe consequences, it is important to understand the potential ways a violation can occur, to take steps to prevent violations, and to understand what your rights are once violations are noticed.

Whether HIPPA violation allegations against you are minor or extreme, aggressive, experienced licensing counsel is critical to defending your license and livelihood from a suspension or revocation. I wrote the following post to outline HIPAA situations that frequently result in discipline and what you should do if an allegation arises.  If you are licensed medical professional in Kansas or Missouri facing an allegation of a HIPAA violation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career is at risk, and you cannot work your way through this alone.

Frequently Occurring HIPAA Violations

Rules governing HIPAA compliance are byzantine and change frequently. As a rule of thumb, do not disclose or allow disclosure or release of patients’ medical information. The following is an overview of common types of HIPAA violations:

Unauthorized information disclosure – It may be too simplistic just to say “do not release patients’ medical records.” Most trained medical staff are not going to release medical information to total strangers. However, violations frequently occur in the “grey areas” such as releasing personally identifiable medical information to the patient’s family, insurance company, or other medical providers.

Unsecured records – Patients expect that their records are secure and not accessible by third parties. HIPAA requires that that sort of protection be in place.  Digital records should also be stored in a way that prohibits access by using encrypting software and password protection.  Patients’ paper records should be kept under lock and key, with limited personnel having access to them.

Data breaches – Hacking and viruses can result in HIPAA violations related to illegal access to patient records. Your medical office should have antivirus software to prevent data corruption and firewalls to prevent hacking. Strong passwords must be required of those who need to access patient records to prevent both improper internal access as well as hacking.

Lost or stolen electronic devices – Private health information can easily be disclosed when an employee or physician removes files on a portable device and then loses the device. Removal of patient files in this manner should be limited, and protections should be in place to make devices trackable if they are lost.

Improper record disposal – Even if you dispose of patient records, the disposal must be HIPAA compliant. It does not matter if a record is taken from your briefcase, your computer, or a dumpster.  Contract with a licensed disposal firm for records destruction and document complete destruction.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

Any medical provider or clinic in Kansas or Missouri contacted by a state investigator or licensing board should contact experienced counsel immediately. Your business and license to practice are in jeopardy, and these initial moments are crucial.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend you if you are accused of a HIPAA violation. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with licensing issues.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains Complaints Based on Uterine Cancer Treatment Negligence

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Licensure actions often come hand-in-hand with a claim of negligence against a physician. My physician clients often ask me to provide an overview of trends that I am seeing here in Missouri and Kansas or nationally. Once such trend is negligence claims based on a physician’s failure to diagnose uterine cancer. Specifically, the issue is that recent research indicates that physicians are frequently under-diagnosing this serious, terminal disease, which often exacerbates its spread throughout the patient’s body, often resulting in death. This research is particularly relevant for gynecologists, who may soon see a change in the standard of care associated with performing hysterectomies and the tests associated with that procedure.

If you are a licensed physician in Kansas or Missouri facing an investigation for an issue related to gynecology or any other medical field, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Attorney Sanger is well versed in the types of negligence cases that lead to licensure issues and can likely quickly tell you whether your career is at risk.

Negligence and Ever-Changing Standard of Care

In the medical context, negligence is defined as failing to meet the standard of care that a reasonable physician would have met under the same circumstance. For example, a battlefield doctor performing an appendectomy with only a few surgical tools as bullets whiz by is going to have a different standard of care than a physician performing the same procedure in a fully staffed university teaching hospital. Similarly, the standard of care ratchets up as research occurs indicating best practices in a specific specialty. As the standard increases, physicians are expected to increase their skills and knowledge with it.  Accordingly, negligence is a subjective standard that changes as the standard of care evolves.

Uterine Cancer Research Results in Intriguing Conclusions

I have linked to an article describing an interesting study below from Yale’s Obstetrics & Gynecology medical journal. This is an excellent example of a standard of care increasing as a result of research.  The study concludes that doctors frequently underestimate how frequently a woman has uterine cancer.  This is troubling, as a failure to diagnose uterine cancer can lead to its spread and, ultimately, the patient’s death. The Yale study found that one in 20 women over 55 who were treated for seemingly benign symptoms had malignant cancers in their uterus.  One in 10 women over 55 that underwent hysterectomies had undiscovered malignant tumors. Overall, one in 50 to one in 70 women had undetected cancer discovered after a hysterectomy.  That is a very high number for such a dangerous condition.

The Yale study may result in a shift in the standard of care for gynecologists. While gynecologists may have been excused for missing uterine cancer in the past, given this new information, that same error is likely to be construed as a negligent failure to meet the standard of care for their profession.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

Any Kansas or Missouri physician in the midst of a medical malpractice or negligence case should also contact experienced licensing counsel immediately. Your license to practice is in jeopardy, as negligence is a ground for license revocation in both Missouri and Kansas.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend you. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with licensing issues.

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains—Licensing Issues for CPA’s

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Certified Public Accountants are highly-trained and highly-respected members of the community. The key to practicing as a CPA is your license. For a variety of reasons, accountants are sometimes accused of engaging in unethical practices or misconduct. Sometimes these complaints are false or are retaliation by a disgruntled client. Other times, unfortunately, they are the result of an ethical lapse by the CPA. Either way, aggressive, experienced licensing counsel is critical to defending your license and livelihood from a suspension or revocation. I wrote the following post to outline why discipline could occur and what you should do if an allegation arises.

If you are a CPA in Kansas or Missouri facing an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and you cannot work your way through this alone.

Can the State of Missouri or Kansas Just Take My CPA License?

No. Legally, your CPA license is your “property,” just like a piece of land. The United States Constitution’s Fifth Amendment guarantees that the government cannot deprive you of life, liberty, or property without due process. But what does “due process” mean? While in a criminal trial you have a right to a jury and other elaborate process, a license action only requires a hearing before an administrative hearing officer or board. In this context, due process means that the state must afford you notice of all the allegations against you, an opportunity to prevent your defense to a hearing officer or board, and consideration of your position. But make no mistake, an administrative hearing is just as contentious as a criminal trial, and your career hangs in the balance.

What Should You Do if You are Accused of Misconduct or Unethical Behavior? 

Panicking Will Not Help

While a claim of misconduct or unethical behavior is serious, there is no reason to panic. Given the numerous regulations that CPA’s must follow and the number of clients they see, an allegation is inevitable.  That said, with the help of experienced licensing counsel, you will likely be able to navigate this process and position yourself for many more years of practice.  While this is a dark time, it will not remain so forever.

Attain Counsel Before Speaking with Any Investigators

As you have likely seen on television crime shows, “you have the right to remain silent” and “everything you say may be held against you.”  The problem is that you will likely not be given that sort of “Miranda” warning, as this is not a criminal matter. Instead, many CPA’s try to go it alone or talk their way out of the problem. Investigators love it when you do that, as you are providing them with exactly the information they need to find a violation. The investigator may seem helpful and sympathetic, but that is often just a ruse to get you talking. Do not speak with any official without counsel present.

Preserve All Records

Do not delete records related to any inquiry into your conduct. Such destruction, even if done innocently, will suggest guilt later. Instead, preserve all documents and turn off any automatic archiving software.  Next, compile all records pertinent to the matter so that you and your

Contact an Experienced Kansas and Missouri Licensing Attorney Now

Any CPA in Kansas or Missouri contacted by an investigator or licensing board should contact experienced counsel immediately. Your business and license to practice are in jeopardy, and these initial moments are crucial. Contacting an experienced licensing attorney to help you through this process and can mean the difference between getting back to helping your patients and a license suspension or revocation.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend you. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with CPA licensing issues.