Firm News
Residents and Interns Unionize
Philadelphia medical residents at another local hospital vote to be part of a Union. How this affects local hospitals, the hours demanded, the work conditions, and the pay is yet to be seen. Stay in touch on this one.
Read MoreKeystone Health Plan East, random pharmacy insurance audits for medicare/medicaid. Scary, extensive, and expensive.
Intrusive, expensive, and time consuming audits. Lets talk really about what these audits are.
Read MoreUS Supreme Court Holds: Doctors prosecuted incorrectly for authorized dispensing of authorized prescriptions
In Summary, the court concludes that §841’s “knowingly or intentionally” mens rea applies to the “except as authorized” clause. This means that in a §841 prosecution in which a defendant meets his burden of production under §885, the Government must prove beyond a reasonable doubt that the defendant knowingly or intentionally acted in an unauthorized manner.
Read MoreWhat are the implications of a relationship with a patient?
As a physician, you have a professional relationship with your patients. However, feelings can arise on either side that threaten to make the relationship less professional. Sexual or romantic interactions with patients are unethical and may be grounds for medical license revocation. It is your responsibility to set and enforce boundaries for your patients that…
Read MoreCan sleeplessness jeopardize your license?
Even people who are not in the medical field know the stereotypes about sleep that come with it. Hospitals seem constantly understaffed. Nurses and doctors seem overworked, with many working shifts well over eight hours at a time. Unfortunately, the sleepless life of a medical professional can actually put your license in jeopardy. Cognitive impairment…
Read MoreImmediate Temporary Suspensions of Medical Licenses — Fight Every One
Pennsylvania physicians, pharmacists and nurses currently practice in an extreme enforcement environment. Every medical professional charged with a criminal offense could face severe license discipline. One out of four (25%) of Pennsylvania’s health care related disciplinary cases start with Board prosecutors filing Immediate Temporary Suspension (“ITS”) petitions to emergently suspend the professional’s license. If you…
Read MorePennsylvania’s Updated Use of Prior Criminal Records In Licensing Decisions
On June 24 2020, the General Assembly enacted Senate Bill 637 which reforms occupational licensing by getting rid of outdated criminal record restrictions for the professions and occupations which are regulated by boards and commissions within the Bureau of Professional and Occupational Affairs (BPOA). Prior state law perpetuated racial disparities in arrests in the…
Read MoreDUI ARD, Prior Offense, Sentencing Enhancement, Repeat Offender
Recidivist sentencing enhancement statutes continue to be declared unconstitutional based upon relatively recent US Supreme Court cases. In 2000 the U.S. Supreme Court decided State v. Apprendi. There the Court states a criminal sentence must be based upon facts the fact finder (judge or jury) found beyond a reasonable doubt that the defendant committed. Apprendi…
Read MorePennsylvania Licensing Boards Consensually Converting In-Person Hearings to Video Hearings
The decision to allow a licensing board hearing to be conducted via video versus in person is the licensee’s. I strongly object. Both time and in person presentations of witnesses and evidence make for a much better defense of a license in a professional disciplinary case. Call me to discuss.
Read MorePHMP — Covid-19 Emergency RecoveryTrek Procedures
NEW Pennsylvania health care monitoring – PHMP drug testing procedures during Covid-19 Emergency
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