By Michael J. Schoppmann

A primary, if not preeminent, goal of every physician in practice today is the avoidance of a lawsuit for medical malpractice. However, the hard reality of practice dictates that risk management of medical malpractice claims falls directly upon, and is ever present with, every physician throughout each moment of rendering care. Therefore, understanding where the highest risk areas lie, and taking affirmative and aggressive measures to risk mange those prioritized threats, will provide physicians with the greatest protection toward avoiding a claim and/or being better prepared to defend, and defeat, a claim that arises in spite of these measures.

By Michael J. Schoppmann

As the regulatory umbrella overshadowing physicians and their practices continues to expand, the corollary investigative intrusions by state agencies, the federal government and through civil litigation have brought about a dramatic increase of scrutiny into the permissive, and non-permissive, delegation of medical services throughout the rendition of care. As a result, physicians must be ever more vigilant to ensure that their practice acts only within the permissive (and ever changing) boundaries set by law.

By Michael J. Schoppmann

The “RAC” program (“Recovery Audit Contractors”) was instituted by the Center for Medicare & Medicaid Services (CMS) in order to identify improper Medicare payments and fight fraud, waste and abuse in the Medicare program. Since it is inevitable that almost all physicians who bill for Medicare services will be involved with a RAC audit in the future, it is imperative that every physician understand and be prepared for these investigative, and potentially invasive, audits.

By George E. Kavalauskas, RFC, Patrick Wilson, JD, RFC. CLTC

By David Warner

This article provides you insight into the language contained within a disability policy.

By Douglas M. Nadjari

Marking what may well prove to be the onset of unprecedented scrutiny of Medicaid claims in this state, New York’s recently enacted its own version of the false Claims allowings those with knowledge of alleged fraud in state funded programs to bring a lawsuit, reap profits and, do so in the name of the State of New York.

By Douglas M. Nadjari

In response to media coverage of dramatic adverse outcomes following office-based procedures, New York has enacted a new law which will require: (i) the accreditation of all facilities where outpatient surgical (and other invasive) procedures are performed and (ii) the reporting of certain adverse outcomes to state authorities. The new law represents a dramatic change for practitioners performing procedures under general anesthesia, conscious sedation, and/or deep sedation.

By Douglas M. Nadjari

Government regulators have failed to keep stride with technological advances in telemedicine. Indeed, despite the many real and benefits, its practice is still fraught with legal danger, even for well qualified and scrupulous practitioners.

By Douglas M. Nadjari

A study conducted by the American Academy of Family Physicians (“AAFP”) identified a variey of conditions which were most likely to result in malpractice claims or disciplinary proceedings by state licensing authorities.

By Douglas M. Nadjari

The Office of Professional Medical Conduct (“OPMC”) is the arm of the New York State Department of Health (“DOH”) that is responsible for policing the medical profession and meting out professional discipline. An OPMC investigation is fraught with danger and physicians should be aware of how the system works and simple measure they may take to protect themselves.