When DHHS Comes Calling – Lamson Dugan & Murray LLP

Every single licensed wellbeing treatment supplier dreads acquiring that certified letter with the return handle, “Nebraska Department of Overall health and Human Providers, Investigations Division.”  Opening the letter does not enable matters:  “Dear sir or madam, we are collecting info regarding a complaint that has been designed versus you.  The grievance alleges that you blah, blah, blah.  Make sure you supply your published reaction to this business no later than 14 times immediately after receipt of this letter.”

Good.  Now what?  Right here are some ideas:

1. Really do not panic.  You are nevertheless at the criticism review phase of proceedings.  What this indicates is that the Section is gathering data and selecting no matter if to open up a official investigation.  Of the 2,111 grievances been given by DHHS in 2011, official investigations were only opened in 882, or 42%.  A satisfactory response to the complaint can nonetheless head items off at the pass.
2.  Notify your insurance carrier.  Most insurance policy carriers offer confined coverage for DHHS investigations.  They may pay out for an legal professional and costs up to a constrained volume.  You should really acquire benefit of this support, and the sooner the superior.
3. Get an attorney.  Whether your insurance coverage enterprise delivers a person to you or not, you will want to have an lawyer included from the quite beginning of the procedure.  They can perform with DHHS to lengthen your deadline for responding, can support assemble information to formulate a reaction, and can draft a finish and persuasive reaction to the grievance.  Relying on the severity of the grievance, they may perhaps advise retaining an unbiased qualified to evaluate the situation and deliver an qualified feeling supporting your care.  They can coordinate a strong defense while you continue to exercise your job.
4. Never set the letter on the pile on your desk, only to pick it up yet again on day 13 and scribble a response.  All of these problems will have to be taken critically and dealt with expeditiously.

Even if DHHS decides to open a official investigation, all is not missing.  An investigator will be assigned to the situation and will get in touch with you for even further information and facts and to agenda an interview.  You will undoubtedly want an legal professional to aid you put together for this job interview and to go to the job interview with you.

The moment the investigation is entire, it is introduced to the Professional Board governing your distinct occupation.  The Board reviews the investigation and tends to make a suggestion to the Attorney General’s office with regards to even more motion.  This can be everything from a recommendation of no even further motion to a suggestion of short-term fast suspension with a Petition for Willpower to find revocation.

While the Lawyer General’s business normally follows the advice of the Board, it is eventually up to them to establish the acceptable system of motion.  If the Legal professional General’s business office data files a Petition for Disciplinary Action, you have a suitable to a contested scenario listening to just before a hearing officer.  The final result of that contested scenario listening to can be appealed to the District Court docket of Lancaster County, and, from there, to the Nebraska Court docket of Appeals and Nebraska Supreme Courtroom.

As you can see, receipt of that original letter can be the very first step in a lengthy and attempting system.  But it doesn’t have to be.  Acquire the suitable ways to react at the outset, and you will raise your odds of shortening the procedure.