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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?
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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 | |
 13.
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 | 
