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A complaint sent to a state regulator, a hospital’s sudden loss of confidence in your clinical judgment, or a government audit of your billing records can put years of training on hold overnight.
Physicians, dentists, nurse practitioners, and other licensed providers across Central New York need someone who treats a medical license as what it is: years of training and the ability to keep practicing the work they’ve built their career around.
Weiss Zarett Brofman Sonnenklar & Levy, P.C built a dedicated healthcare law practice, co-chaired by Mathew Levy, Esq., who brings more than 25 years of healthcare regulatory and transactional experience to these cases.
Mathew J. Levy, individually listed in Super Lawyers for health care law, has negotiated settlements with the U.S. Attorney’s Office that reduced penalties for clients facing healthcare fraud investigations.
As a healthcare and physician defense lawyer resource for providers in Syracuse and across New York State, our attorneys can help you understand a confusing notice and plan your response. Reach out to talk through what the letter in your hand actually means before you respond to it.
Trouble rarely comes from one direction in health care. A patient complaint, a billing pattern that looks unusual to an auditor, or a disagreement inside a hospital department can all turn into the same kind of threat to a license.
Our healthcare and physician defense lawyers represent physicians, physician assistants, nurse practitioners, dentists, and other licensed providers in matters that include:
David A. Zarett co-authored a chapter on hospital medical staff membership and privileges in the Legal Manual for New York Physicians, a subject that comes up in privilege disputes.
A strategy built for a licensing complaint rarely works the same way in front of a hospital credentialing committee, which is why the right approach can differ from one matter to the next.
New York treats dozens of specific acts as professional misconduct for physicians and physician assistants. They range from practicing the profession fraudulently and negligence on more than one occasion to failing to maintain adequate records, under Education Law Section 6530. That breadth matters because many patient complaints can be framed to fit one of its provisions.
What happens if the state decides a complaint has merit? The state board for professional medical conduct can impose penalties under Public Health Law Section 230-a. They range from censure or reprimand to suspension or revocation of a license, or a fine of up to $10,000 for each specification it finds proven.
A single hearing can involve several specifications, so fines can climb quickly, and a revoked license can end a career. The process carries its own deadline too.
A licensee generally has thirty days to answer a written request from the Department of Health and provide any relevant records. The clock starts the day the request is delivered. Missing that window is treated as misconduct on its own, separate from whatever the original complaint alleged.
Ignoring a letter, even one that looks minor, almost never helps.
Our firm represented physicians sued by the Academic Health Professionals Insurance Association, and the Appellate Division affirmed the dismissal of that case.
Mathew J. Levy has negotiated settlement agreements with the U.S. Attorney’s Office that significantly reduced the penalties facing clients under investigation for healthcare fraud. He has also negotiated corporate integrity agreement settlements.
Prior results do not guarantee a similar outcome in any future case.
It is often wise to talk with a lawyer early. You generally have only 30 days to respond to a written request from the Department of Health, and failing to respond on time is treated as a separate act of misconduct. Having a healthcare attorney review the letter early can give you more options for shaping that response.
An investigator gathers records and statements, and an investigation committee made up mostly of physicians decides whether the evidence supports formal charges. If charges are filed, a hearing follows before a committee of the State Board for Professional Medical Conduct, which can issue an order ranging from no action to license revocation.
A single complaint can lead to a hearing if it fits one of the dozens of misconduct categories defined in state law, though most complaints get closed after investigation without charges. The outcome depends heavily on the specific allegation and the evidence behind it.
Yes. The OPMC carries out its work through a central office in Albany and six field offices, including one in Syracuse.
Physician discipline cases follow a different path than most other Onondaga County appeals. A hearing committee determination or review board order can be challenged in court through an Article 78 proceeding in the Appellate Division, Third Department. That differs from most appeals from the trial courts in Onondaga and the other counties of the Fifth Judicial District, which go to the Fourth Department.
Not automatically, but hospitals are required to report certain findings against a physician’s privileges to the state, and that report can open a separate investigation even after the hospital matter has been resolved internally.
A medical license represents years of work, and a poorly handled first response to an investigation can make a complaint harder to resolve.
Our healthcare and physician defense lawyers at Weiss Zarett Brofman Sonnenklar & Levy, P.C work with physicians, physician assistants, nurse practitioners, and other licensed providers across New York State.
Contact us today to talk through the complaint, audit, or peer review notice before you decide how to respond.
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