Attorneys with Joseph Potashnik and Associates PC provide high-power legal representation to New York licensed physical therapists. Over the years, we successfully defended physical therapist facing all types of legal hurdles from practice formation to accusations of professional misconduct by the Office of Professional Discipline to federal criminal cases, and everything in between.

Physical therapists are highly educated and have worked hard to earn their degrees and build their practices. As other healthcare professionals, physical therapists are vulnerable legal difficulties they don’t usually anticipate to face. One simple error can lead to an accusation of professional misconduct with potential licensing consequences or even to criminal charges. These are the most common legal issues New York physical therapists face:

• Office of Professional Discipline investigations and prosecutions
• Office of Medicaid Inspector General audits and exclusions
• Medicaid Fraud Control Unit investigations
• No-Fault Insurance fraud federal criminal investigations

Lawyer For PT License Defense

Physical therapists are licensed professionals. That means that they are held responsible to the code of professional conduct established by law. In New York, there are close to forty types of conduct that are considered professional misconduct. If a professional is accused of any one of them, he or she can face a disciplinary action by the state licensing authority. In our experience dealing with physical therapists, the most common types of misconduct cases they face are:

• Practicing with negligence
• Practicing with incompetence.
• Fraudulent practice
• Unlicensed practice (especially when PT performs acupuncture or massage)
• Being convicted of a crime

OPD investigations of physical therapists can be triggered by many different things from patient complaint to an anonymous report (usually by a competitor) and each complaint will result in an inquiry. A conviction of professional misconduct can result in license suspension or revocation and put an effective halt to your ability to practice. If you receive a letter from an OPD investigator, do not attempt to resolve the matter yourself. You may jeopardize your case if you. Call our attorneys immediately to discuss your options. We have successfully represented hundreds of clients before the Office of Professional Discipline at all stages of disciplinary proceedings and earned respect of clients, investigators, and prosecutors.

New York Physical Therapist Medicaid Exclusions Lawyer

Another common issue we deal with while helping physical therapists in New York is audits and exclusions by New York Office of Medicaid Inspector General (OMIG). OMIG is the agency responsible for running the Medicaid program in New York. They have the authority to conduct audits and investigations, refer cases to litigation and criminal prosecutions, and exclude practitioners from participating in Medicaid. OMIG cases maybe very complicated and we recommend seeking professional legal assistance before communicating with OMIG auditors and investigators. If an audit is not properly handled, you may be found to owe the state tens and hundreds of thousands of dollars. Your Medicaid payments may be withheld, and in some cases, OMIG may even refer your cases for further investigation by the Attorney General’s Office, which can lead to criminal charges. OMIG may also exclude any provider from Medicaid if they believe that the provider’s participation could endanger the program. This includes being arrested for a healthcare related fraud or being found guilty of professional misconduct. If you are excluded from Medicaid, your career as a physical therapist may be complicated by the fact that you can’t work in any facility that bill Medicaid. We have handled numerous OMIG cases and we can advise you throughout this complex and stressful process.

Criminal Attorney for New York Physical Therapists

Our firm has represented numerous PT and other healthcare professionals in criminal proceedings in state and federal courts. One issue, which we commonly deal with is insurance fraud, especially No-Fault Insurance fraud cases prosecuted in federal courts. Many New physical therapists have been unfortunately charged with this crime resulting in real prison terms, loss of professional licenses, and essentially the end of their professional careers.

Besides federal prosecutors, another agency which is aggressively prosecutes physical therapists in New York is the Medicaid Fraud Control Unit (MFCU). MFCU is part of the Attorney General Office and its job is to investigate and prosecute Medicaid fraud cases by healthcare professionals in state courts around the state. MFCU cases maybe triggered by a referral by OMIG or another agency.

If you are approached by any law enforcement agents, be it the FBI or Medicaid Fraud Control Unit investigators, you should never discuss anything with them and should not give them any documents unless they have a warrant. Take their business cards and call our office immediately.

We also represent physical therapists accused of all other crimes in state and federal courts. Private Insurance, Medicare and Medicaid fraud, Sexual misconduct, and DUI are some of the common criminal offenses licensed physical therapists face in New York.

If you are a New York physical therapists facing legal problems, our attorneys may have solutions for you. Call us today to set up an immediate consultation.