The Physician as “Enemy Combatant”:
The New York’s One-Sided System of Physician Discipline
The Office of Professional MedicalConduct (“OPMC”) is the arm of the New York State Department of Health (“DOH”) that is responsible for policing the medical profession and meting out professional discipline. Its jurisdiction mandate requires it to investigate nearly every complaint, including those alleging sexual boundary violations, negligence, incompetence, physical or mental impairment, drug or alcohol abuse and fraud. An OPMC investigation is fraught with danger and the imposition of any discipline may, without exaggeration, maybe the death of a physician’s career. CLICK HERE for Full Article
New York State Office of the Attorney General Healthcare Bureau
The Healthcare Bureau protects and advocates for the rights of all Healthcare consumers statewide. The Bureau operates a toll-free Healthcare Helpline, 1-800-428-9071. We help New Yorkers with individual Healthcare and insurance problems; investigate deceptive business practices; take law enforcement actions to address systemic problems in the operation of the Healthcare system; and where appropriate, propose legislation to enhance Healthcare quality and availability in New York State.
CLICK HERE to Access the Website
CLICK HERE for the Complaint Form
How Long are You Required to Retain Your Patients' Medical Records?
Health Law Alert From RuskinMoscouFaltischek.PC
Some physicians may be unaware that there is a statute of limitations, under the federal False Claims Act, that allows the federal government to look back up to ten years to investigate an alleged violation of the Act. Therefore, in order for a provider to ensure that he or she can defend against False Claims Act lawsuits, records of patients whose treatment was reimbursed by a federal health care program, such as Medicaid or Medicare, should be maintained for ten years. Medicare Advantage payors and providers in their networks are required, at a minimum, to make their records related to services to Medicare Advantage beneficiaries available to CMS for ten years following the end of the contract term or following the completion of an audit, whichever is later, and even longer in certain situations where the government decides the retention period should be extended. Physicians are encouraged to prepare a written medical record retention policy and train staff accordingly to ensure compliance with the law and to maintain prudent risk management practices.
It is important for physicians to retain medical records long enough to ensure that they have the written documentation needed to defend against potential audits, malpractice actions and other professional practice investigations, while also complying with record retention regulations. New York State requires that medical records be retained for a period of six years, unless a specifically applicable law provides otherwise. Obstetrical records and records of a minor patient must be retained for at least six years, and until one year after the minor reaches 21 years of age. Medical malpractice insurance carriers and managed care companies may have additional requirements for retention of medical records.
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Suffolk County Medical Society - Suffolk Academy of Medicine
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