Criminal Law

• Criminal Defense
  A key to effective representation in these matters is the ability of each attorney to adequately counsel a client on the complicated risks and benefits of various courses of action. There is not a strategic formula that fits every client. The only way to effectively advise a client (who may be struggling with perceptual issues as well) is to have a thorough knowledge of the system and practice available at the particular agency that licenses that client, assessing the specific practice situation, and assessing the client’s goals and particular personal and professional situation. We understand that these issues are highly personal; however, the Firm has extensive experience in assessing the preferred course of action. Attorneys with the firm are experienced in finding evaluators and  treatment facilities when appropriate. We also work in conjunction with criminal defense counsel when collateral criminal matters are involved or possible. We are highly sensitive and responsive to our client’s professional and personal needs and goals.
• DUI/DWI
  Finally, many health care professionals may find themselves the subject of an arrest and may be faced with possible adverse licensure effects from such proceedings. Most matters are reportable to licensing agencies in any initial application for a license or upon a license renewal. Some agencies also require reporting within a certain time frame from the arrest or after its disposition. Common arrest matters involve driving while intoxicated (DWI) or driving under the influence (DUI), assaults or domestic violence matters, and of course matters more directly related to medical practice such as billing fraud or billing conspiracy (Medicare, Medicaid, OIG etc.), criminal controlled substances issues, or alleged improper contact or relationships with patients. Many licensees may mistakenly assume or be advised that a criminal plea to an offense will not affect their license, however most agencies can and will still use a plea agreement against a licensee. Sharp & Cobos has handled various such matters in conjunction with associated criminal counsel, providing comprehensive and strategic criminal and administrative defense planning, preparation, and if needed, litigation of the issues in the respective forums.
• Fraud
  Finally, healthcare providers should consider the possibility of criminal charges under the federal Health Care Fraud Act, False Claims Act, Ant-Kickback statutes or other statutory authority.
• Misdemeanors
  Exclusions fall into two categories, mandatory and permissive. OIG is required by law to exclude any healthcare providers from participation who have been convicted of criminal activity falling under those categories. Mandatory exclusions include convictions for fraud under any federal or state health care programs and patient abuse or neglect, just to name a few. Permissive exclusions include healthcare licensure suspensions, revocations or surrenders for reasons of professional competence or performance and misdemeanor  convictions for fraud in a program funded by any federal, state or local government  but can also include matters unrelated to healthcare such as defaulting on education loans. With permissive exclusions, the OIG can, at their discretion, choose to exclude individuals or entities.

Employment Law

• Workers Compensation
  When a practitioner is excluded from Medicare that exclusion is supposed to extend to all federal programs. In addition, managed care companies see such an exclusion as a severe reputational issue and an opportunity to also exclude the practitioner. Likewise, state licensure boards, workers compensation regulators, hospital peer review, and specialty boards may likewise exclude a practitioner based upon Medicare or Medicaid exclusion.

Health Law

• Medical Malpractice
  We recommend that any physician who is having issues within the Medical Staff at the hospital where they practice should retain qualified Health Care Law attorneys to represent them at the very earliest time possible, and do not sign any document without first consulting with that attorney. Many medical malpractice insurance policies also now provide coverage for the legal fees incurred in a medical staff peer review matter.