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.

Kansas Professionals: Learn to Manage Anger or Risk Losing Your License

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The phrase “going postal” has come to mean an individual’s loss of workplace control. Although most professionals are lucky that such extreme expressions of anger are rare, most have had the experience of knowing an angry co-worker or superior. Although anger is a normal human emotion, the expression of this emotion can have a devastating effect on a professional’s career and can even result in the loss of professional’s license. Unfortunately, professionals often do not become aware that they have a problem controlling anger until they have received notice of a complaint from their respective licensing board.

Anger has many degrees from mild—a mere annoyance, to strong—a full blown rage. It is also important to recognize that two people who have problems controlling anger may show anger in completely different manners. One may be a typical “hot head” while another may engage in more passive-aggressive behaviors and seek to undermine those around him or her. Either way, a licensee’s inability to control his or her anger can have numerous unintended consequences at the work place, including but not limited to:

  • Not being invited to participate in meetings or special projects
  • Loss of respect from colleagues
  • Increased turnover of employees
  • Decreased opportunities for advancement
  • Being avoided or not listened to by co-workers/staff
  • Making avoidable mistakes or judgment errors
  • Unhappy customers or patients

The first step in dealing with anger issues is to learn to determine the true cause of the anger. Although this may seem fairly straight-forward, many angry licensees do not know why they are experiencing anger. Frustrations that at first glance may seem work-related may not have anything to do with work. For example, anger related to personal and/or financial problems can unexpectedly surface at work. Divorce or the unexpected loss of a loved one are events that can often spill over into one’s professional life. For some, just learning the cause of the anger can make the anger easier to manage.

Once you are aware of the cause of anger, the next step is to learn how to manage those feelings. A healthy way to express anger is to do so in an assertive, but non-aggressive manner. Learning how to express your feelings and needs in a way that is respectful of yourself and others is not only a skill that is necessary in the workplace but will also serve a licensee in all aspects of career and life. If you believe you have problems controlling your anger and believe that anger is affecting your career, it is wise to speak with a counselor.

If you received notice from your licensing board that a complaint has been filed against you, contact the Sanger Law Office. At the Sanger Law Office, we will take the time to listen to you and determine the best strategy to protect your livelihood and your reputation. Do not delay contacting the Sanger Law today today at 785-979-4353 to schedule your free and completely confidential consultation.

Kansas Social Workers: Seven Mistakes That Could You Your License

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If you ask a licensee why he or she decided to become a social worker, the most common reply is often the desire to help others. Social workers, by their very nature, are caring individuals who have spent countless hours between their education and training to be able to help clients grow and improve their life situations. However, one misstep can not only land a licensee in hot water with the Kansas Behavioral Sciences Regulatory Board but can also subject a license to possible criminal charges. The following are some of the most common “sin”s licensees commit:

  1. Failure to Complete Renewal/Application Requirements: A simple way to avoid problems with the Board is to make sure that you have met all requirements for renewing and maintaining your license. This includes paying all fees and completing all required continuing education classes.
  2. Practicing without a License: A licensee who fails to renew his or her license on a timely basis risks having the license expire. A licensee who continues to engage in the profession on an expired license risks discipline for practicing without a license.
  3. Fraud in Obtaining License: A social worker is a position that is based on trust and integrity. Misrepresenting information on an application for licensure or using fraud or bribery to obtain a license is grounds for discipline. If you are in the process of applying for a license and unsure if you need to disclose sensitive information, make an appointment to speak with a professional license defense attorney.
  4. Sharing Client Confidences: Revealing a client’s secrets or any information that the client shared with you violates a social worker’s professional ethics and can expose you up to disciplinary actions by the Board. Licensees also need to be aware of their obligations under the Health Insurance Portability and Accountability Act of 1996.
  5. Improper Physical Contact with a Client: Social workers, like other therapists and health care workers, share close contacts with clients. Licensees who engage in physical intimacies with a client or make sexual advances towards a client, not only blur the lines of professional integrity but also place their license in serious jeopardy.
  6. Improper Treatment of a Client: Maltreatment of a client, student or subordinate by a licensee is considered unprofessional conduct. A license is prohibited from discriminating against a client on the basis of race, color, religion, gender, disability, or national origin.
  7. Conviction of a Felony: A licensee who receives a felony conviction is at serious risk of having his or her license suspended or revoked. It is important to make note that in Kansas, a third DUI conviction is considered a felony if the second conviction occurred within the previous 10 years.

If you are a licensed social worker who has received notice of an investigation by the Kansas Behavioral Sciences Regulatory Board, you need an experienced license defense attorney on your side. The Sanger Law Office focuses its practice on defending professionals whose licenses have come under attack. Attorney Danielle Sanger understands that disciplinary matters can affect a licensee’s livelihood and reputation and will thusly make it her priority to bring your matter to a quick resolution.  We invite you to call us today 785-979-4353 to schedule your free and completely confidential consultation.

Kansas Certified Public Accountants: Tips for Avoiding Disciplinary Actions

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The Kansas Board of Accountancy is the state agency that licenses certified public accountants (CPAs). In addition to its powers to suspend or revoke a license, the Board can take other disciplinary actions, including but not limited to censure, ordering payment of fines and mandating completion of remedial or ethics-based classes. CPAs who do not adhere to the profession’s high ethical and professional standards, jeopardize not only their license but also their livelihood. Some of the most common sins that have led a licensee to disciplinary action include the following:

  1. Criminal Conviction: A licensee who receives a felony conviction is subject to discipline, regardless if the crime was related to his or her job duties. In Kansas, a third DUI conviction, if the second occurred within the previous 10 years, is considered a felony. The conviction of any crime which involves an element of dishonesty or fraud is grounds for disciplinary action as well.
  1. Failure to File Tax Returns: All licensees must file personal and business (firm) tax returns in a timely fashion, including payment of all taxes.
  1. Failure to Meet Licensing Renewal Requirements: Failing to meet licensing renewal requirements is a quick way to find oneself in hot water with the Board. Each year licensees are disciplined for failing to complete the mandatory continuing education classes and other basic requirements for license renewal. Allowing one’s license to lapse can also lead to disciplinary action for false advertising—since the licensee’s license has expired.
  1. Deceptive Advertising Practices: False or deceptive advertising in promoting or marketing a licensee’s professional services is considered an act that discredits the profession and, therefore, subject to disciplinary measures.
  1. Discipline from Government Agency: A licensee who is disciplined by a government agency, for example the SEC, is often subjected to additional disciplinary measures by their state licensing Board.
  1. Fraud in Obtaining a License: The use of fraud, dishonesty or deceit to obtain or renew a license can not only subject a licensee to disciplinary action by the Board, it can also lead to criminal charges.
  1. Failing to Cooperate with Board’s Investigation: Each year, across the country, licensees lose their license for failing to cooperate with a regulatory board’s investigation. In Kansas, ignoring requests for documents and other inquiries by the Board is grounds for discipline. This is why is it is critically important to have an experienced license defense attorney working for you.

If you have received notice from the Kansas Board of Accountancy that you are the subject of an investigation, contact the Sanger Law Office today at 785-979-4353 to schedule a free and completely confidential consultation. In order to protect your livelihood and reputation, you need an experienced professional license defense attorney by your side. Attorney Danielle Sanger and the seasoned professionals at the Sanger Law Office will make it their priority to bring your case to a prompt resolution.

Seven Ways Kansas Technical Professionals Can Endanger their Licenses

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The Kansas State Board of Technical Professions is the governing agency for engineering, architecture, landscape architecture, geology and surveying professionals.  Specifically, the Board has the power to suspend or revoke a technical professional’s license, or take other disciplinary actions.  However, some licensees are not aware of the mistakes that could place their licenses, and their jobs, in jeopardy. The following are seven of the most common errors that can land a technical professional in hot water with the Board:

  1. Non-Authorized Use of Signature or Seal: A licensee cannot affix his or her signature or seal to any documents, reports, records or other papers that were not personally prepared by the licensee or under the licensee’s direct control and supervision. A licensee who sells a signature or seal not only risks losing his or her license, but risks criminal charges as well.
  1. Felony conviction:  Many licensees are not aware that a felony conviction is considered unprofessional conduct and can lead to a loss of license. Regardless of whether the act that lead to the conviction was related to the licensee’s professional duties. Be aware that in Kansas, a third DUI conviction is a felony if the second conviction was in the 10 years prior to the third conviction.
  1. Incompetence: If the investigation of a project failure concludes that the cause of the failure was due to a licensee’s gross incompetence, the licensee could lose his or her license. In some instances, the Board may require that a licensee whose competence is at issue, pass an appropriate examination.
  1. Improper Advertising: A licensee cannot advertise services in a technical professional field unless he or she is qualified by education and experience and licensed in that particular field.
  1. Performing Services Without a License: Technical professionals are often licensed in more than one state. A licensee can jeopardize his or license if he or she performs services in a state in which he or she is not licensed. In some instances, the licensee is not only subject to discipline and possible criminal charges in that state but also in the state(s) in which he or she is licensed.
  1. Fraud in Obtaining a License: An applicant for a license must be truthful and forthright in his or her efforts to obtain a license. Misrepresentation or deceit in the application can lead to serious problems.
  1. Failure to Meet Licensing Renewal Requirements: One of the easiest ways for a licensee to remain in good standing with the Kansas State Board is to meet all licensing requirements, including timely payment of fees and completion of the requisite number of continuing education classes.

If you received notice from the Kansas State Board of Technical Professions that a complaint has been filed against you, do not delay in seeking legal help.  Contact the Sanger Law Office today at 785-979-4353 to schedule a free and completely confidential consultation. The Sanger Law Office has the experience handling professional license defense matters that you need to protect your livelihood and reputation. Trust the Sanger Law Office to provide you with exceptional legal services.

Kansas Emergency Medical Attendants: 7 Deadly Sins

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Attendants are the first medical providers on the scene of any major accident or emergency. Whether you are a first responder or an emergency medical technician, you are a highly trusted member of the community; the public relies on emergency medical attendants to provide critical care services without the benefit of hospital resources. Unlike the patient’s family physician, attendants come into a patient’s life as strangers and often leave as heroes. Most attendants consequently experience a high level of job satisfaction.  In order to continue to be able to enjoy your career it is important to keep one’s license in good standing. With this in mind, it is important avoid problems with the Kansas Board of Emergency Medical Services.  As such, consider the following career threatening mistakes:

  1. Violating Patient Confidentiality:  It is normal to want to share the events of your work day with friends or loved ones.  However, an attendant needs to be extremely careful that in relaying these stories the attendant is not sharing too much information.  Patients in this line of work may be fleeting, but they are entitled to the same degree of confidentiality from an attendant, as the patient would receive from a nurse or a doctor in a hospital setting.  Failing to take necessary actions to safeguard patient information can land an attendant in hot water with the Board.
  1. Performing Activities Beyond Certification:  Attendants encounter patients in a variety of life threatening situations.  Although it may be tempting to try to do more than what the attendant is qualified to do, it is important for any attendant to know and understand professional limitations.
  1. Misleading or False Statements:  The simplest way to avoid problems with the Board is to make sure that the information provided to the Board is accurate. Lying or misrepresenting facts on an application or certification renewal form is clearly an invitation for trouble.
  1. Failure to Meet Renewal Requirements: Make sure that your renewal form is completed in a timely manner, including the payment of all fees and the completion of all continuing education credits.
  1. Drugs Addiction and Diversion:  Diverting drugs from a patient is not only cause for discipline or loss of one’s license, it is also a crime. Drug use can interfere with the attendant’s skills and judgment. Attendants who are suffering from drug addiction need to seek qualified help or risk losing their career.
  1. Patient Abuse: Patients deserve the highest standard of care from the medical community. Attendants who physically, emotionally or sexually abuse a patient are subject to disciplinary action by the Board.
  1. Conviction of a Felony: Trustworthiness is the cornerstone of any attendant. An attendant who is convicted of a felony will typically not be allowed to continue until after a Board’s investigation determines that the individual has been rehabilitated to a level that again warrants the public’s trust.

If you have received notice of disciplinary action by the Kansas Board of Emergency Medical Services, contact the Sanger Law Office at 785-979-4353 to schedule a free and completely confidential consultation. Do not trust your professional license to just any attorney. Trust the professional license defense attorneys at the Sanger Law Office to provide you with exception legal services.

Kansas Nursing Professionals: Tips for Recovering from Disciplinary Action

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Receiving notice from the Kansas Board of Nursing that you are being disciplined for violations of the Nursing Practices can be absolutely devastating. However, it is important to realize that many other nursing professionals have been disciplined and have gone on to have wonderful careers. Here are a few tips to ensure post-disciplinary success:

  • Complete conditions of disciplinary action: Before leaving your attorney’s office, make sure that you understand the terms of your discipline.  This includes any conditions that you are required to compete and the time frame for completing each task.  Do not put off completing these tasks!  The sooner you are able to complete the tasks, the better you will feel. The Board will not look favorably upon a licensee who does not complete conditions on time.
  • Keep quiet at work:  In some cases it may be tempting to want to share your experiences with a co-worker. However, in most instances it is better if you keep to yourself.  If you feel like you need to discuss the matter with a fellow nursing professional, speak with a supervisor or someone who does not work at the same facility.
  • Do not hold a grudge:  It is completely natural to have mixed feelings after the disciplinary proceedings. However, the key to recovering quickly is to not dwell on the past events. Harboring ill feelings towards the proceedings or the patient who made the complaint will not help you recover. It is important to forgive yourself. Continuing to beat yourself up about the cause of the discipline will not make you a better nurse. Rather, keeping such feeling may do just the opposite.
  • Recommit yourself to the profession:  Do not let the disciplinary process take away your passion for nursing. Make the decision to recommit yourself to the profession. Take the steps necessary to improve and build upon your skill set. A great leader takes experiences, both good and bad, as opportunities to learn and grow.
  • Regain your confidence:  When recovering from disciplinary action it is normal to feel cautious so as to avoid making mistakes. However, more mistakes are made when confidence is low than when it is high. It is important for nurses to trust his or her instincts and training. However, if a certain area has you feeling particularly anxious, it is a good idea to find a certified nursing education class on the subject.
  • Communication is key: Many disciplinary complaints are the result of poor communication. Make sure that your conversations with patients are professional and polite.

You worked hard to obtain and maintain your nursing license.  Do not let one error cost you your license. If you have received notice of a complaint by the Kansas Board of Nursing, contact the Sanger Law Office at 785-979-4353 to schedule a free and completely confidential consultation. You can trust the Sanger Law Office to provide with exceptional legal services.

Kansas Legal Professionals: The Rules of Advertising

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There often comes a time when an attorney or a law firm wants to attract a larger client base. Maybe an attorney wants to start his or her own firm and needs to let the community know about the services the new office will provides. Or maybe a firm is looking to expand its practice into new areas of law. Whatever the reason, attracting new clients is usually not an easy task. Most attorneys, especially more senior partners, believe that the only way to obtain quality clients is through old-fashioned word of mouth and referrals from other attorneys who have different practice areas. Although both methods are tried and true, it can often take years to build up a solid client base.

Attorneys that are looking to attract new clients quicker and faster are often looking for new methods not traditionally used in legal circles. One such method is through advertising. Although thought to be taboo by some attorneys, advertising, whether in print ads, internet or television is a valid and often very successful way to draw new clients. However, before you put an advertisement in the local paper or on television, you need to be aware of the applicable rules regarding attorney advertising. In Kansas, attorneys should become familiar with the advertising rules which are set forth in the Rules of Professional Conduct. Violating these rules is sure way to encounter a problem with the Office of Disciplinary Administration. Here are a few key areas where attorneys who are not familiar with the rules related to advertising can encounter problems:

  • Advertisements cannot contain false or misleading statements: Attorney advertisements cannot contain false or misleading statements about the lawyer’s services. This includes statements that are considered likely to create expectations about the results an attorney can achieve. For example, statements regarding the amount of damages the attorney won for a particular client or a result that the attorney was able to achieve in a particular type of case. An attorney may also not compare his or her services to that of another attorney’s services, unless that comparison can be factually substantiated.
  • Advertisements that refer to the attorney as a specialist: An attorney can advertise that he or she does or does not practice in certain areas of law. However, an attorney cannot advertise that he or she specializes or is a certified specialist in an area of law, unless the organization that has given the certification to the attorney has been authorized to do so by the state and the advertisement contains the name of that organization. An exception to this rule is that attorneys that have been admitted to patent practice may designate themselves as a “Patent Attorney”.
  • Failure to name an attorney: In Kansas, attorneys may advertise their legal services through recorded, written or electronic communication, including public media. However, each advertisement must contain the name of at least one attorney who is responsible for its content.

If you received notice from the Office of the Disciplinary Administrator of a pending investigation, contact the Sanger Law Office today at 785-979-4353 to schedule a free and completely confidential consultation. Do not delay. Before you communicate with anyone, you need to speak with an experience professional license defense attorney. Trust the Sanger Law Office to provide you with quality legal services.