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DIET AND ADL

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Please contact our Lawyers to discuss your issues as soon as possible. We may be doing medical round in the Hospital, or we may be in Court representing a Doctor, Resident, or a Nurse in a Criminal, Civil, or Administrative case, yet we shall answer your questions STAT.   

 

 

   

DIET and ADLS: P.O. AS TOLERATED

This page is for questions by Medical Providers and responses by other people. This is an open public question and answer forum. Exercise your freedom of speech and ask questions from other professionals. We will post your questions and responses thereto. However, we reserve the right to maintain the decorum and the prestige of professional tribune. Responses in this page are not expert opinions and they should not be given expert weight. The questions of "DNR CLUB MEMBERS" are not responded to in open Q & A Forum for they are privileged and private communications intended for private members. Q & A Forum may include question from experts when said expert holds an Open Forum Lecture and hence, named expert will respond to questions in a general non-consult format. As such, responses in this page are not private or personal and are not considered an expert opinion or advise.

Pose your questions and launch the responses at: doctor@lawprn.com  310.804.5225

 

 

                                                                             

 

                                                              " Q & A" OPEN FORUM

 

 

Site Contact for Q or A: publisher@mdchronicle.com  OR   doctor@lawprn.com

 

 

1. HOW COULD I SEARCH MY CALIFORNIA PHYSICIAN LICENSCE INFORMATION ON LINE.

Each State opts to publish information about practicing physicians for public information. California is not excepted from the other States and recent legislation provided for publication of all criminal charges for public information. To search a California Physician records click on the link below:

http://www2.dca.ca.gov/pls/wllpub/wllqryna$lcev2.startup?p_qte_code=MDX&p_qte_pgm_code=6301

2. DO YOU REPRESENT DOCTORS AGAINST MEDICARE AUDIT AND MEDICARE DEMAND TO REIMBURSE MONEY?

Yes we do. In the last 5 years CMS [Medicare] has developed a new measure to calculate an estimated overpayment to collect back payment to providers without any limitation for period of provider's practice. Simply, if Medicare believes that you overcharged or overdid some procedure or service, they find a standard deviation of "what they believe was customary and necessary" and apply it to all of your income from Medicare for your period of practice and demand reimbursement with interest and penalty. You must immediately seek legal advice from a medically oriented Law Office to start a process of Administrative Hearing and Appeal. If you delay this, you may become subject to criminal culpability, loss of Medicare License, and/or loss of your professional license. Below please find some reference for Medicare Administrative Hearing by clicking on the link:                                                                                                                                                                                                                               http://www.cms.hhs.gov/mlnedwebguide/05_appealsffs.asp?

3. I RECEIVED A NOTICE FOR MEDICAL MALPRACTICE. WHAT SHOULD I DO FIRST?

You could contact your Medical Malpractice Insurance Company. As an alternative you may consider seeking consult from other attorneys to look in to the issue for you. MDCHRONICLE members contact our legal expert and receive recommendations accordingly. Contact MDCHRONICLE Legal experts for further information.

4. I HAVE A CASH PRACTICE. COULD I CHARGE PATIENTS ANY PRICE I WANT OR THERE IS A LIMIT?

Expert fees are expert fees and no one can tell you what is your fee. However, if you are members of insurance company plans, or when you accept Medicare assignments, you have to charge according to their schedules. You want to charge your fees, then do not sign contractual agreements with insurance plans. As long as you are fair, honest, ethical, and professional, you can charge a fair price for your professional services whatever its value.

5. AN AGENT OF CALIFORNIA MEDICAL BOARD APPEARED IN MY OFFICE AND TOLD ME THAT HE WANTED TO ASK ME SOME QUESTIONS. I LEFT THE OFFICE. WHAT SHOULD I DO?

You have to contact an attorney immediately. Medical Board has the full right to check practice of physicians. Contact MDCHRONICLE Legal experts for more information.

6. MY WIFE FILED DIVORCE AND HER ATTORNEY ASKED ME TO LEAVE THE HOUSE. COULD SHE DO THIS?

This is called a kick out order. Unfortunately, it could be done through the family court orders. This may be even done as an ex-parte basis [as an emergency appearance in the court]. You need a legal counsel immediately. We recommend our legal experts who are doctors and lawyers and are familiar with medical care provider issues and concerns.

7. THE HOSPITAL MEDICAL STAFF SENT ME A NOTICE TO APPEAR FOR INTERVIEW IN 30 DAYS. WHY

Something is wrong. There is either a complaint filed against you, or there is some matter of concern that hospital wants to interrogate you for it. Be careful, hospital is not going to endanger itself for you. As such, do some investigation and find out about the concern. If there is a complaint against you, it is better if you appear with a legal counsel. You may ask our legal experts to contact the hospital for you and do primary work up.

8. I WANT TO SUBLEASE MY OFFICE WITH ANOTHER MD. DO I NEED CONTRACT?

Absolutely. You must cover yourself for economical issues, malpractice issues, and other complicated legal concerns that come in to play in an association, partnership, or joint venture.

9. I WANT TO DISOLVE MY PARTNERSHIP WITH ANOTHER MD. COULD I ASK HIM TO LEAVE? [9/10/04]

It is not that easy. This is the reason a "contract" is necessary. Retain a medically oriented legal counsel to assist you in dissolution of partnership professionally.

10. I HAVE BEEN INFORMED THAT THERE ARE MULTIPLE CHARGES AND INDICTMENTS AGAINST CALIFORNIA MEDICAL AND MEDICARE PARTICIPANTS IN THE LAST ONE YEAR. IS THIS CORRECT?

You heard right. There has been intense investigative work against medical fraud by California Attorney General & FBI in the last two to three years. Subsequently, great number of arrests of medical providers and disciplinary measures. See the page for CBC and URin ANALYSIS for some examples.

11. IS THERE ANY NEW CHANGES ABOUT TRIPLICATE PRESCRIPTION PAD AS OF JANUARY 2005?

 

The triplicate prescription form required to prescribe Schedule II medications is being replaced by a tamper-resistant prescription pad that will be available from private printing companies that have been approved by the Board of Pharmacy and the Department of Justice. The new form may be used after July 1, 2004 although triplicate forms can still be used through December 31, 2004.

On January 1, 2005, all written controlled substance prescriptions (for Schedules II-V) must be on the new, tamper-resistant prescription form.

Special Alert Regarding Triplicate Prescription Forms:

The state exhausted its supply of triplicate prescriptions earlier than anticipated and was unable to fill some orders received before the July 1 deadline. Physicians who run out of triplicate will be able to use an "emergency-fill" exemption to write prescriptions for controlled substances.

Department of Justice (DOJ) recommends that affected physicians invoke the emergency prescription statute (Health and Safety Code 11167), which permits the use of regular, nonsecure prescription forms for Schedule II prescriptions in "an emergency where failure to issue a prescription may result in the loss of life or intense suffering." To do this, physicians simply write "11167" on the regular prescription form and submit it to a pharmacy.

Although section 11167 requires physicians to follow-up by submitting a triplicate or tamper-resistant form to the pharmacist within seven days of the initial prescription, DOJ and the pharmacy board recognize that because of the lack of proper prescription forms that may be impossible for some physicians. DOJ will not pursue enforcement efforts against these physicians who have documented their situation, including their attempts to order the appropriate forms.

For information on the major changes to prescribing laws and approved security printers, click here.

12. COULD WE CHECK OUR PATIENTS' RECORDS OF DRUG ABUSE?

Patient Activity Report from Department of Justice

All licensed healthcare practitioners (who are authorized to obtain triplicate prescription forms) are able to obtain a "patient" history or activity report from the Department of Justice, Bureau of Narcotic Enforcement, to assist in identifying those patients who may be "doctor shopping." The patient activity report will provide the physician with a list of all Schedule II prescription drugs that have been prescribed to the patient and will include the name of the practitioner issuing the prescription and the pharmacy where the prescription was filled. The patient activity report may also assist the physician in determining if a patient has altered the quantity of drugs prescribed from the original order or if illegal orders have been made in the physician's name by office personnel or others. Any questions regarding this program can be directed to the Department of Justice, Triplicate Prescription Program at (916) 319-9062.

For additional information on how to obtain this report, click here

wedge13. MY WIFE FILED DIVORCE AND HER ATTORNEY TOLD ME THAT SHE WANTS TO MOVE TO NYC AND TAKE MY KIDS WITH HER. COULD SHE DO THAT?

Not that easy. First of all, you need an attorney to petition the court and get an immediate restraining order pending further hearing about this matter. Although the court may not control people's style of life, the court will have the best interest of children in mind. Further, your right as a father must be protected and you must be able to entertain your visitation right. The court frowns at parties who take punitive measures against each other on account of children. 

14. BLUE SHIELD TOOK ME OFF THE PPO LIST AND IS SENDING MY CHECKS TO PATIENTS, WHAT SHOULD I DO?

You must not waste your time. We handle cases like this. If they are not helpful, we will take them to court.

15. I AM IN N.Y. AND HAVE PROBLEM WITH MEDICAL BOARD. CAN YOU HELP?

Yes. Call us at 310.804.5225.

16. MEDICAL BOARD CONTACTED ME FOR A DUI. WHAT SHOULD I DO?

Medical Board takes jurisdiction over Doctors for criminal convictions. Call us, we can help you.

17. I AM A RESIDENT AND SOME CRIMINAL CHARGES WAS FILED AGAINST ME 3 YEARS AGO IN OHIO. CAN I APPLY FOR CALIFORNIA LICENSE?

Be very careful. You must speak with a medically oriented lawyer to discuss the problems and your options.

 

Contact: doctor@lawprn.com

             310.804.5225                                                                                    

              
  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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