When DHHS Comes Calling – Lamson Dugan & Murray LLP

Every single licensed health treatment service provider dreads receiving that certified letter with the return tackle, “Nebraska Office of Well being and Human Companies, Investigations Division.”  Opening the letter doesn’t help matters:  “Dear sir or madam, we are collecting information and facts about a complaint that has been produced towards you.  The criticism alleges that you blah, blah, blah.  Remember to present your written response to this office environment no later on than 14 days after receipt of this letter.”

Terrific.  Now what?  Right here are some tips:

1. Don’t worry.  You are nonetheless at the criticism evaluate stage of proceedings.  What this signifies is that the Department is collecting data and choosing irrespective of whether to open up a official investigation.  Of the 2,111 issues been given by DHHS in 2011, formal investigations ended up only opened in 882, or 42%.  A satisfactory response to the complaint can nonetheless head items off at the go.
2.  Notify your insurance policies carrier.  Most insurance coverage carriers give constrained coverage for DHHS investigations.  They might pay out for an legal professional and expenditures up to a confined total.  You really should just take edge of this company, and the faster the much better.
3. Get an legal professional.  Whether your insurance policies business presents a person to you or not, you will want to have an attorney included from the incredibly starting of the approach.  They can operate with DHHS to lengthen your deadline for responding, can support gather details to formulate a reaction, and can draft a full and persuasive response to the criticism.  Depending on the severity of the criticism, they may recommend retaining an unbiased qualified to critique the circumstance and give an qualified viewpoint supporting your treatment.  They can coordinate a strong defense although you go on to observe your occupation.
4. Do not place the letter on the pile on your desk, only to choose it up once again on day 13 and scribble a response.  All of these issues should be taken severely and dealt with expeditiously.

Even if DHHS decides to open a official investigation, all is not dropped.  An investigator will be assigned to the case and will get hold of you for further more information and facts and to timetable an interview.  You will undoubtedly want an attorney to enable you put together for this job interview and to attend the interview with you.

When the investigation is finish, it is presented to the Specialist Board governing your individual career.  The Board critiques the investigation and can make a advice to the Attorney General’s business office regarding even further action.  This can be anything at all from a recommendation of no even more action to a suggestion of short term speedy suspension with a Petition for Willpower to find revocation.

While the Legal professional General’s business typically follows the recommendation of the Board, it is in the long run up to them to figure out the ideal course of motion.  If the Legal professional General’s business information a Petition for Disciplinary Motion, you have a correct to a contested circumstance hearing ahead of a listening to officer.  The consequence of that contested scenario hearing can be appealed to the District Courtroom of Lancaster County, and, from there, to the Nebraska Court docket of Appeals and Nebraska Supreme Court docket.

As you can see, receipt of that initial letter can be the 1st phase in a extensive and making an attempt system.  But it doesn’t have to be.  Choose the suitable ways to reply at the outset, and you will enhance your odds of shortening the system.