Artifice and fraud schemes are rampant in healthcare and insurance. Typical insurance fraud criminal charges will result in licensee disciplinary action. By typical I mean submitting claims for unemployment benefits while working another job or failing to report accurately income amounts to qualify for child and other state Medicare/ Medicaid benefits.
Emergency medical technicians offer an invaluable service to the citizens of Philadelphia. They are important first responders who reach individuals in need long before they arrive at hospitals and emergency facilities. They save lives and cope with incomparable stresses all while providing important services to those in need.
Every day I do legal research on at least one of the my cases. Staying current on the law, burdens of proof, abuse of discretion standards, and learning which experts the appellate courts reject are important legal tasks. During a recent afternoon research session I discovered an amazing case that ratifies a consistent legal objection I make in every case.
Newspaper trumpet the legalization marijuana in several states. Articles track implementation of medical marijuana production, products, and sales in states with existing medical marijuana laws. Everyone is investing in marijuana producers and distributors. On November 12, 2018 the Philadelphia Inquirer reports with fanfare there are 84,000 Pennsylvanians registered as medical marijuana patients. The article emphasizes medical marijuana is not treating the medical condition stated on the licensee's card. Rather it is used to control medical symptoms of the 21 different serious medical conditions. Importantly, medical marijuana is replacing opiates to control pain and other disruptive physiological manifestations that originate from a diagnosed medical condition. This is success.
A new client recently contacted me regarding a puzzling PHMP/VRP letter he received. After a first offense DUI, the VRP contacted him and scared him to attend an initial evaluation. The Initial Evaluation As I have said many times, the PHMP's "Letter of Concern" is a lie. The PHMP is not concerned. The Letter of Concern.
A Pennsylvania resident may dedicate their life to pursuing a career in the medical field. Whether it is becoming a doctor or nurse or other medical professional that is their goal, they may commit themselves to not letting anything stop them from reaching their dream. However, in Pennsylvania, there is a law that may throw a serious wrench into their plan if they have a prior criminal record.
Pennsylvania's Medical Marijuana Act sets forth a very specific administrative appeal process addressing prescribers and card holders subjected to a disciplinary action. Within the Department of Health, Department Office of Medical Marijuana, violations of the Act shall be prosecuted by the Office of Legal Counsel. Evidentiary rules and administrative practice will be governed by the General Rules of Administrative Practice and Procedure. ("GRAPP")
An administrative appeal of any department action affecting your medical marijuana card or license to prescribe must be taken in writing within 30 days after the individual or person to whom the action of the offices directs or issues a notice of the action. An untimely appeal will be deemed an admission of the violation of the Act and may result in dismissal of any late appeal with prejudice. 28 Pa.Code § 1249.39.
Failure to answer a disciplinary action in a formal proceedings will result in a default judgment being entered and the allow the Department of Health to refuse to grant a late hearing request. All documents must be filed in writing with the clerk, with the license or permit number, as well as the identity of an individual filing the petition and their mailing address. Failure to comply with these simple pleading requirements may result in the Department rejecting any filing.
A party shall be represented by an attorney at all stages of the proceedings. A party includes a corporation. The attorney must be in good standing and admitted to practice before the Pennsylvania Supreme Court or upon motion having been admitted in another jurisdiction and admitted in Pennsylvnaia pro hac vice.Proper pleading practice includes filing formal answer within 30 days of receipt of the order to show cause, including legal objections and any denial of facts averred in the original order to show cause. Affirmative defenses, admissions or denials must be stated clearly and concisely. Please call me to discuss your medical marijuanna card and any displinary action you may face.
Many professionals consume alcohol in a moderate and temperate manner. Reasonable, social alcohol consumption that results in a driving under the influence criminal charge is an unfortunate event. The criminal consequence and interactions with the justice system are necessary impediments to excessive drinking.
Obtaining the right to practice medicine in the United States is an honor that some doctors work for over the course of years or even decades. They may commit themselves to years of rigorous study as well as internships and residencies during which they may become more experienced with hands-on practice in their area of medicine. A doctor who practices in Pennsylvania or another state likely also went through the process of applying for and receiving their medical license.
Nurses are trusted with more than just patient care in Pennsylvania hospitals and clinics. They have access to their patients' records, prescriptions, personal effects and other sensitive information. Because they have such open access to the critical and sometimes delicate data on those who are under their care they must be able to demonstrate their trustworthiness when they seek to obtain employment in the state.