Notary Public Review Class – New York State
This e-book is a must for anyone who is preparing for the New York State Notary Public examination. We review the key points covered in the State Notary Public Law Booklet and offer a practice exam. By Viktor Bujanow, N.y.s. Notary Public over 25 years.
Notary Public Review Class – New York State
Maintaining Medical Records In New York And Professional Misconduct Of Physicians
Maintaining Medical Records In New York And Professional Misconduct Of Physicians
Maintaining medical records is one of the most important functions of a modern medical practice. Properly maintained records ensure smooth operations of the practice and significantly decrease malpractice liability or probability of a misconduct accusation. This article discusses various issues related to proper medical record maintenance by New York healthcare practitioners and potential consequences of failure to do so.
New York Education Law 6530(32) requires that all New York practicing physicians and other healthcare professionals maintain detailed records for each and single patient. Maintaining proper medical records is a professional responsibility of a New York doctor or another practitioner. Very basically, each patient’s record must accurately reflect the evaluation and treatment of the patient. There are two types of information that a medical record may contain. First, it is the actual patient information. Second, it is additional information that could not be released with the rest of the medical record. That includes some types of the physician’s personal notes and observations, information confidentially disclosed to the physician on condition that it would not be disclosed to anyone including the patient, information that relates to prior treatments by another practitioner if the patient is able to request this information from the other physician, and certain information subject to NY Mental Hygiene Law that relates to some types of mental health treatments. Maintenance and disclosure of New York Psychiatric medical records is separately controlled by the New York Mental Health Law section 33. New York Medicaid providers and hospitals are additionally subject to specific requirements of medical record keeping which are quite extensive.
New York demands that medical records be maintained for at least six years and in some cases even longer.
Failure to maintain adequate medical records opens the door to a variety of consequences including refusal of an insurance carrier to defend malpractice claims, professional misconduct investigation and discipline, and criminal prosecution. A practitioner who has failed to maintain medical records properly and who submits insurance claims may be charged with insurance fraud and other crimes and violations. Insurance fraud may occur in many ways, but it is mostly defined by submitting false claims, billing for services not performed or for performing unnecessary treatment. Poorly maintained medical record that does not account for the evaluation and treatment of the patient or absent record is the red flag that would suggest some wrongdoing and trigger further investigation into the medical practice. Obviously, insurance fraud is a criminal act as well as professional misconduct.
Under New York law, any New York health care professional found guilty of violating the medical record maintenance and disclosure rules may be fined up to ,000 per each violation. If such violation is “willful”, the practitioner may be found guilty of a misdemeanor, which is a separate professional misconduct in its own right. There are numerous instances of professional discipline taken against New York healthcare practitioners’ licenses for “failure to maintain accurate medical records” and fraudulent activities associated with it.
One way to prevent medical record related problems in New York is to consult an experienced New York medical or professional license defense or health law attorney or visit one of the seminars given by insurance carriers. Any medical practice should implement permanent record keeping and release procedures.
Joseph Potashnik is a medical license defense attorney in New York City and New Jersey serving licensed professionals charged with crimes as well as professional misconduct. For more information and assistance, see my New York City Criminal Attorney website or my New York and New Jersey Professional & Medical License Defense Attorney.
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Categories: Uncategorized Tags: Maintaining, Medical, Misconduct, Physician's, Professional, Records, York
Affordable Health Insurance For People Who Live In New York
If you are not eligible for COBRA, HIPAA, insurance policy conversion, state continuation, Medicaid, Medicare, or any type of state-sponsored health care program, but are in need of affordable health insurance in New York, you may have to purchase an individual health insurance plan.
Most people groan at the thought of purchasing an individual health insurance plan – and for good reason. Individual health insurance plans are usually more expensive than the ideal health care coverage – employer-sponsored group health insurance plans. However, in New York, you can purchase an affordable individual health insurance plan for a couple of reasons.
First, when you set out to purchase an individual health insurance plan in New York, you can not be turned down due to your particular health conditions. This is great news because many people with pre-existing health conditions tend to have a difficult time finding health insurance companies that will sell health insurance to them. Health insurance companies view people with pre-existing or serious health conditions as higher risks to insure. They view them as potentially lost money. Yet, in New York, there are health insurance companies that will not turn you down regardless of any pre-existing health conditions you may have, or the severity of the health condition.
Second, you will not be charged a higher health insurance rate due to your pre-existing health condition, regardless of the severity of your pre-existing health condition. This is more great news, since people with pre-existing health conditions who do manage to purchase individual health insurance policies do so for a high price. They need health insurance, especially because they need care for their pre-existing health conditions; however, because of their pre-existing health conditions, they pay high prices. It’s a vicious cycle that New York is working toward ending.
For more information about the health insurance companies that provide these individual health insurance policies and their contact information, contact the New York Insurance Department.
Categories: Medicaid News Tags: Affordable, Health, Insurance, Live, people, York
Greenwire/New York Times Examine Dengue Vaccine Development
Greenwire/New York Times reports on the growing number of cases of dengue worldwide, including the CDC’s report last month that the virus has now been locally acquired in the continental U.S. for the first time in 65 years. “While a few cases were reported earlier, they were primarily in Americans who had caught the virus [...]
At Last – The Truth About Vitamins.
Vitamins – The Truth’ gives you over 80 pages of Valuable Information on the Foods that supply the Vitamin. At Last – The Truth About Vitamins. – April 2005 CMS Quarterly Provider Update Now Available CMS publishes this Update at the beginning of each quarter to inform the public about the [...]
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Home Remedy For Acne 7 Simple Home Remedies For Getting Rid of Acne
Are you spending a small fortune on creams and potions in the hope of getting rid of those horrible zits? Then you may be interested to know that you could save a great deal of money by searching through your kitchen cupboards. There are some very common household products that have proven to be extremely [...]
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Categories: Pension Tags: Dengue, Development, Examine, Greenwire/New, Times, Vaccine, York
Case mix reimbursement and the nursing home resident in New York State: Suggestions for change
Case mix reimbursement and the nursing home resident in New York State: Suggestions for change
Categories: Medicaid News Tags: Case, Change, Home, Nursing, REIMBURSEMENT, resident, State, Suggestions, York
How A New York Dentist May Lose A License And How To Avoid It
Dentists are licensed professionals and all professions that require a license in New York are subject to heavy regulations in the area of professional conduct. With the exceptions of physicians, their assistants, attorneys, and a handful of other professions, professional misconduct of all other professions including dentists is investigated and prosecuted by the New York State Education Department’s Office of the Professions. Essentially, the OPD (Office of Professional Discipline) is the prosecutorial arm of the Department of Education. When, after investigation, the OPD determines that professional misconduct has occurred, the case is heard before the Board of Regents, which is the ultimate licensing agency in New York with the power to grant licenses and to take them away. The Board conducts all disciplinary proceedings and disposes of cases before it.
New York professional dental misconduct occurs when a licensed dentist in his professional capacity acts below the excepted standards of dental practice. As a dentist, there are numerous ways you may be investigated for professional malpractice. Most common charges may include gross incompetence or gross negligence on one or more occasions, allowing or helping an unlicensed person to perform activities that require a license, refuse a patient service because of race, creed, color, or national origin, practice beyond the scope of dental profession, breach of patient confidence, being convicted of a crime, refusing to return a file on demand, neglecting a patient in emergency situation, doing dental work that is unnecessary or unauthorized, performing dental work while under the influence of alcohol or drugs, and abusing patients, sexually or physically.
In the recent years, various agencies stepped up efforts to crack down on fraud in the healthcare industry. This resulted in an increased amount of criminal prosecutions and convictions for insurance and Medicaid fraud. The recent history of the OPD disciplinary matters against dentists in New York shows that a significant number of dentists disciplined by the Board were actually prosecuted for fraud related offenses ranging from filing false reports to Medicaid fraud.
If a New York dentist is found guilty of professional misconduct or consents to charges of misconduct, penalties may include censure and reprimand, hefty fines of up to $10,000 for each violation, suspension, and even permanent license revocation. Other penalties may involve being banned from participating in particular insurance plans or the Medicaid program.
An OPD investigation is very much like a criminal investigation and by way too many suspects are heavily complicate their future defense by agreeing to be interviewed by an investigator. In professional discipline matters, the suspect has fewer rights than a defendant in a criminal case. By the same token, the prosecuting agency enjoys more flexibility and rights than a district attorney does in a criminal prosecution. The mistake of voluntarily speaking with an investigator is likely to do dramatic damage to your case. This does not mean that when contacted by an investigator, the dentist should be rude. Rather, the only correct way to handle the situation at that time would be politely telling the investigator that you are happy to cooperate and will do so after consulting with an attorney. The rest should be handled by a professional experienced in such proceedings. In the situation that may well be the most serious predicament of your life, handling this without help is gambling with your career and livelihood.
Joseph Potashnik is an attorney in New York City and Northern New Jersey practicing criminal defense and civil litigation. He represents clients in criminal and professional disciplinary proceedings. For more information, please visit his New York City Professional & Medical License Defense website.
Health coverage for immigrants in New York: An update on policy developments and next steps
Health coverage for immigrants in New York: An update on policy developments and next steps
Categories: Medicaid News Tags: Coverage, developments, Health, immigrants, Next, policy, Steps, Update, York
very popular Indian ad for Max new york life Pension plans
very popular Indian ad for Max new york life Pension plans
Demographic characteristics of Medicaid-only ADC families in New York City
Demographic characteristics of Medicaid-only ADC families in New York City
Categories: Medicaid News Tags: characteristics, City, Demographic, Families, Medicaidonly, York
Medicaid expenditures for New York City residential long term care recipients, 1980-81
Medicaid expenditures for New York City residential long term care recipients, 1980-81
Categories: Medicaid News Tags: 198081, Care, City, expenditures, Long, medicaid, recipients, residential, Term, York