Articles Posted in Health Care

As a nurse, your license is one of your most valuable assets. Yet, complaints or accusations against you could jeopardize your ability to practice. At Conaway & Strickler, P.C., we understand the gravity of these situations and are here to help. Attorney Meg Strickler is experienced license defense attorney who has handled these issues for years.  Below are some questions and answers that will help you navigate any issues you might having with the Nursing Board.

Question: What types of issues come before the State of Georgia Nursing Board?

Answer: Below are some common issues the Board handles. Many of these issues may overlap, as most of this conduct also constitutes a crime.

The Georgia Composite Medical Board is the state organization that monitors physicians and other medical professionals through its licensing and disciplinary policies. The purpose of the Board is to safeguard public health by ensuring proper licensing procedures and regulating healthcare professionals.

Who makes up the Composite Board? The Board is made up of fifteen members appointed by the Governor. Thirteen of those members are physicians, and two of those members are public representatives who have no ties to medicine. Each Board member typically serves a four-year term.

What does the Board do? The Board’s functions include screening candidates for licensure, issuing licenses to qualified professionals, developing rules and guidelines for healthcare practice, and disciplining licensees when necessary. In Georgia, the Composite Board licenses and monitors healthcare professionals including the following: Medical doctors (MDs), Doctors of osteopathic medicine (DOs), Physician assistants (PAs), Anesthesiologist assistants (AAs), Acupuncturists, and pain management clinics. However, the Composite Board does not license or regulate podiatrists, chiropractors, dentists, marriage and family therapists, social workers, professional counselors, physical therapists, registered nurses, or licensed practical nurses – those professions are regulated by the Office of the Secretary of State.

The Georgia Composite Medical Board (GCMB) is the licensing agency for physicians, physician assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, auricular (ear) detoxification specialists, residency training permits, cosmetic laser practitioners, pain management clinics and medical geneticist. The Medical Board investigates complaints and disciplines those who violate The Medical Practice Act or other laws governing the professional behavior of its licensees.  Unprofessional conduct is often cited as an issue for physicians and physician assistants.

What happens when the Medical Board investigates you?  First, a complaint is filed.  The Board will reach out to you and let the you know of the existence of the complaint and ask for a response.  This is where you immediately need to seek out legal advice. At Conaway & Strickler, PC we have attorneys very versed on the intricacies of the complaint process.   Once the Investigative Committee reviews the complaint and response, they can recommend a variety of options ranging from closing the case to disciplinary action.  It is imperative that you and your lawyer really work with the Investigative Committee to ensure they know all of the facts and circumstances to ensure the best resolution.

Cases are resolved in three main ways – closure, private action or public action.  The public action is a notation on the GCMB web site.

There are three types of Asset Forfeiture.

Note if your asset has been SEIZED, that means the government has taken possession of your property, but it does not mean the government owns the property legally YET….See here for details on the most recent DOJ seizures and forfeiture manual.

Criminal Forfeiture

The DOJ just announced more successes in health care prosecutions involving approximately $2.75 billion in intended losses and $1.6 billion in actual losses.  The case descriptions are varied, but the main jist is the same: the DOJ is utilizing nationwide efforts to crack down on health care fraud.  Attorney General Merrick Garland stated that law  enforcement has been working hard across 32 federal districts, and has filed charges against 193 defendants, for their roles in health care fraud schemes.

But, also he made sure to point out that in addition to the charges and arrests being announced, that the government also seized over $230 million in cash, luxury vehicles, gold, and other assets in connection with these cases.

The government comes after you with search warrants, warrants to freeze and seize your assets and subpoenas for your records.  Do not attempt to deal with these things alone Contact us so we can protect your license, your livelihood and your assets.

 

 

What is Medicaid? Medicaid is a joint federal and state program that helps cover medical costs for some people with limited income and resources.

What is Georgia Medicaid? Medicaid is a “medical assistance program that helps many people who cannot afford medical care pay for some or all of their medical bills. Medicaid is administered by the Georgia Department of Community Health and pays medical bills with state and federal tax money.”

What is Medicaid Fraud?

On June 13, 2024, two health care executives of Done Global Inc were indicted for health care fraud related charges.  The indictment alleges that the two participated in a scheme to distribute Adderall over the internet, conspire to commit health care fraud in connection with the submission of false and fraudulent claims for reimbursement for Adderall and other stimulants, and obstruct justice.

“As alleged, these defendants exploited the COVID-19 pandemic to develop and carry out a $100 million scheme to defraud taxpayers and provide easy access to Adderall and other stimulants for no legitimate medical purpose,” said Attorney General Merrick B. Garland.   These arrests mark the DOJ’s 1st criminal drug distribution prosecutions related to prescribing via telemedicine, the agency said.

Conaway & Strickler represent healthcare providers in fighting against allegations such as these by agencies such as the DOJ, HHS-OIG, FBI, Georgia Medicaid Fraud Control Units and cases nationwide.  We have litigated federal healthcare cases in NJ, NY, LA, FL, TX and GA.  We also represent healthcare providers in medical and professional licensing board matters as well.

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