Category Archives: Attorneys and Experts in other practices

ISBA lawsuit seeks injunction of IDFPR discipline of two attorneys for unauthorized real estate appraisal practice

Illinois Professional Licensing Consultants 5Two Illinois attorneys face potential prosecution by the Illinois Department of Financial and Professional Regulation (IDFPR) but the Illinois State Bar Association (ISBA) filed a lawsuit seeking an injunction and declaration that IDFPR lacks the authority to regulate certain practices.

At issue in the ISBA complaint filed July 11, 2017 in the Circuit Court of Cook County, is whether the IDFPR acted with authority and appropriately when the Department initiated formal administrative prosecutions of two attorneys in April of this year. The IDFPR alleges that he attorneys engaged in the unauthorized practice of real estate appraisals in two different property tax assessment cases.

Illinois regulates real estate appraisals

The Real Estate Appraisal Licensing Act of 2002 is the controlling law on the regulation of real estate appraisers in Illinois. The legislative intent section of the statute reads in part, “The intent of the General Assembly in enacting this Act is to evaluate the competency of persons engaged in the appraisal of real estate and to license and regulate those persons for the protection of the public.[i]” The IDFPR uses its administrative rules and guidelines in issuing professional licenses to practice real estate appraisals.

At issue is whether the IDFPR was proper in disciplining the two attorneys for practicing real estate appraisal without a license to do so.

Meanwhile, it is a common practice for real estate attorneys to represent their clients before the bodies hearing challenges to real estate tax assessments and valuations. Property owners have a right to challenge the appraised value of their property and reduce their tax burden. The two attorneys in this case filed briefs supporting their clients’ tax challenges to the Property Tax Appeals Board and the DuPage County Board of Review. In its news release on point, the ISBA states, “Neither lawyer purported to submit an appraisal or act as an appraiser.[ii]

The court is likely to receive briefed arguments focused on the scope of the authority of the IDFPR, and what power the Department may have to determine what specific conduct gives rise to a violation. The ISBA contends, “the IDFPR lacks authority to prosecute, discipline, or sanction lawyers for engaging in the practice of law by advocating on behalf of clients in real estate tax assessment proceedings.[iii]

Takeaways for all professionals in Illinois

It is important in any profession to be aware of and compliant with state laws and regulations of professions. Prior to the enactment of The Real Estate Appraisal Licensing Act of 2002 an individual might have been actively engaged and working as a real estate appraiser when the law passed, then requiring the individual to obtain a license from the IDFPR. The regulation of professions may change and adapt with state law and public policy.

Just because one license may be broadly applicable, such as a license to practice law, it does necessarily mean that such licensure applies ubiquitously; regulatory bodies have authority to determine the scope of a professional practice. In this case, the limits of IDFPR authority are being tested.

As there are new developments in this case we will share that news, as many are interested in the outcome of this lawsuit.

About us: Michael V. Favia & Associates, P.C. is a health law, litigation and licensing firm in Chicago representing individuals, healthcare professionals and organizations with civil legal matters as well as professional licensing and regulation.

Chicago health law and litigation attorney Michael V. Favia and his associates in several locations and disciplines, advise and represent private individuals as well as healthcare professionals in all types of litigation and administrative matters involving licensing and regulatory agencies.

Michael V. Favia and Associates, P.C. represents individual physicians and health care organizations in the Chicago area with a variety of legal matters. With offices conveniently located in the Chicago Loop, Northwest side and suburban meeting locations, you can schedule a discrete meeting with an attorney at your convenience and discretion. Michael V. Favia & Associates is available at (773) 631-4580. Please visit www.favialawfirm.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter. You can also review endorsements and recommendations for Michael V. Favia on his Avvo.com profile and on LinkedIn.

 

 

 

[i] PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS

(225 ILCS 458/) Real Estate Appraiser Licensing Act of 2002.

[ii] ISBA, Illinois Lawyer Now, ISBA Files Complaint to Enjoin IDFPR Prosecution of Lawyers.

[iii] See HNii above.

Michael V. Favia joined panelists speaking at 8th Annual Illinois Administrative Law Conference

The Illinois Bureau of Administrative Hearings recently held its 8th Annual Illinois Administrative Law Conference, focusing on training specifically geared toward the distinct functions of State adjudicators and those involved in the practice of administrative law before State hearings units.

Speaking at the full day conference, Michael V. Favia[i] joined colleagues, Carrie Chapman[ii] and Mary Kathryn Curry[iii] to present as the Practitioner’s Panel, sharing the view from the counsel table, talking about the legal issues and elements of administrative law cases that attorneys address in litigation and defense of individuals at State hearings.

The conference welcoming and introduction was delivered by general counsel for Gov. Rauner, Dennis Murashko, who introduced the keynote speaker, Hon. Rita Garman, Illinois Supreme Court Justice.

Subjects in the conference training included:

  • Cultural Competence in Administrative Law
  • View from Counsel Table: Practitioner’s Panel
  • The Role of the ALJ: Procedural Fairness and the Administrative Process
  • Evidence for ALJs
  • Central Panels in the U.S.
  • Ethical Issues Facing ALJs

Use this conference press link for more information about this conference and names of individual panelists and speakers.

About us: Michael V. Favia & Associates, P.C. is a health law, litigation and licensing firm in Chicago representing individuals, healthcare professionals and organizations with civil legal matters as well as professional licensing and regulation.

Chicago health law and litigation attorney Michael V. Favia and his associates in several locations and disciplines, advise and represent private individuals as well as healthcare professionals in all types of litigation and administrative matters involving licensing and regulatory agencies.

Michael V. Favia and Associates, P.C. represents individual physicians and health care organizations in the Chicago area with a variety of legal matters. With offices conveniently located in the Chicago Loop, Northwest side and suburban meeting locations, you can schedule a discrete meeting with an attorney at your convenience and discretion. Michael V. Favia & Associates is available at (773) 631-4580. Please visit www.favialawfirm.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter. You can also review endorsements and recommendations for Michael V. Favia on his Avvo.com profile and on LinkedIn.

 

[i] Michael V. Favia is the principal attorney at Michael V. Favia & Associates, P.C., a health law, litigation and licensing firm.

[ii] Carrie Chapman is the Director of Policy Advocacy and Strategic Innovation for the Legal Council for Health Justice

[iii] Mary Kathryn Curry is an associate attorney at the Polsinelli law firm in the area of labor and employment defense and litigation

Health Practice Advisors’ Alan Shifrin Presents at May 17 Dinner on Buying and Selling Health Care Practices

SCHAUMBURG, Illinois – On Wednesday, May 17, 2017, Alan Shifrin, J.D. speaks on issues in buying and selling healthcare practices. The dinner presentation at Maggiano’s in Schaumburg starts with cocktails at 5:30 p.m. and concludes at 9:30 p.m. This is a Health Practice Advisors (HPA) event sponsored by Apex Design and tickets remain available.[i]

The focus of HPA member, Alan Shifrin’s presentation is the identification of complex issues in the process of buying or selling a healthcare practice. Medical, dental and other healthcare practices have unique legal issues in addition to the tax accounting, valuation and psychology matters for consideration.

Highlighting pitfalls and issues in buying and selling healthcare practices, Alan Shifrin uses the F.L.U. acronym, “Don’t let your practice get the F.L.U.” The acronym stands for Feasibility, Legality and Understandability. Avoiding practice transaction F.L.U. requires attention to the terms, structure and price as well as legal compliance and complete disclosure of material facts and understandings thereof.

Michael V. Favia, HPA Chairman, recommends this event and other HPA events and resources designed to educate and assist healthcare professionals with the business end of their practice.

BUY TICKETS FOR THE MAY 17 DINNER

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About the Health Practice Advisors:

Health Practice Advisors is a consortium of proven healthcare experts, assembled to help providers grow and enhance their practice’s viability and profitability. Our team is poised to offer comprehensive solutions to the most complex healthcare business needs. Allow us to focus on building the business side of your practice, enabling you to devote your energy to patient care.

To learn more about our company, or to schedule your FREE, personalized consultation with us, please call Health Practice Advisors at 773-796-3213 or email at info@healthpracticeadvisors.net.

About us: Michael V. Favia & Associates, P.C. is a health law and litigation firm in Chicago representing individuals, healthcare professionals and organizations with civil legal matters as well as professional licensing and regulation.

Chicago health law and litigation attorney Michael V. Favia and his associates in several locations and disciplines, advise and represent private individuals as well as healthcare professionals in all types of litigation and administrative matters involving licensing and regulatory agencies.

Michael V. Favia and Associates, P.C. represents individual physicians and health care organizations in the Chicago area with a variety of legal matters. With offices conveniently located in the Chicago Loop, Northwest side and suburban meeting locations, you can schedule a discrete meeting with an attorney at your convenience and discretion. Michael V. Favia & Associates is available at (773) 631-4580. Please visit www.favialawfirm.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter. You can also review endorsements and recommendations for Michael V. Favia on his Avvo.com profile and on LinkedIn.

 

[i] To purchase tickets for the dinner at $50 per person, please RSVP with this link: http://www.healthpracticeadvisors.net//sponsorinformation/

PODCAST: Nurse Consulting and Litigation Assistance with Samantha Glon

Today’s podcast interview with nurse consultant, Samantha Glon, focuses on current trends and topics in the area of nurse consulting and litigation assistance in healthcare related cases. In the next 30 minutes Samantha will talk to us about her career in nurse consulting work in general and in the legal practice areas including tort liability, malpractice consultations and nursing home and medical practice investigations. CLICK/TAP HERE TO LISTEN NOW!CLICK/TAP HERE TO LISTEN NOW!

Topics covered in this 30-minute interview:

  • Introducing nurse consultant, Samantha Glon, RN, BS, ALNC, FCEA
  • Career focus on nurse consulting, what type of work is involved?
  • What skill sets and experience are important in reviewing medical charts?
  • Litigation assistance in healthcare related cases involving (1) tort liability, (2) malpractice consultations, and (3) nursing home and medical practice investigations.
  • Tips for people looking for a career change and have an interest in nurse consulting?

 

Samantha Glon, RN, BS, ALNC, FCEA, is the founder and owner of SJG & Associates, the legal nurse consulting and medical records review provider for attorneys, insurance companies, and healthcare facilities. Samantha has significant work experience as a Registered Nurse and in healthcare and nursing director positions. Samantha earned her Associates of Science Degree in Registered Nursing from Elgin Community College and she earned her Bachelors of Science Degree in Healthcare Management from National-Lewis University.

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Michael V. Favia & Associates are available to advise and represent health care professionals and the general Chicagoland community with a variety of legal issues. With offices conveniently located in the Chicago Loop, Northwest side and suburbs, you can schedule a discrete meeting with an attorney at your convenience and discretion.

Illinois Professional Licensing Consultants 5

For more about Michael V. Favia & Associates’ professional licensing work, please call (773) 631-4580, visit www.IL-Licensing.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter. You may also connect with Attorney Michael V. Favia on LinkedIn and on Avvo.com where you may also read client endorsements and reviews.

Does a nurse or physician self-report a DUI to the licensing board?

It can happen so easily, driving home from a graduation celebration on a Saturday evening, another car could run a red light and hit you. If the officer tests your blood alcohol content (BAC) and you are even one point above the legal limit, you may be arrested and cited with Driving Under the Influence (DUI). The Secretary of State may have duties and agreements with other state agencies to share information about drivers who, for example, hold professional licenses. When the Secretary of State shares the information about the arrest with the licensing board, they have several options. If you already self-reported the incident, any investigation by the licensing board may treat you differently, as opposed to hiding the information or failing to report. In any case, an experienced professional licensing attorney will be best able to advise you about how to handle the situation. Getting it wrong could damage your career for years to come.

With what are the Medical Licensing Board and the Illinois Department of Financial and Professional Regulation concerned?

The Illinois Medical Licensing Board (Board) and the Illinois Department of Financial and Professional Regulation (IDFPR) are responsible to the people of the State of Illinois, and they have a duty to screen and regulate licensed professionals to ensure that the individuals holding positions of public trust, such as a nurse or physician. While a licensed professional may make a mistake and receive a DUI citation, the state agencies have a duty to follow up and investigate as to whether the professional has a more serious problem that could jeopardize the health and safety of patients and the public.

Most professions have professional discipline rules that state a professional must self-report any incident of a violation of law, claims of malpractice, and anything else that could trigger an investigation or discipline, generally. Having said that, you do not need to call the licensing board from the jail or immediately when you get home. Before you do anything further with the situation, talk to a professional licensing attorney, because they can let you know what you are up against and how best to proceed, even with the DUI attorney if you hire one.

Michael V. Favia worked as a prosecutor for the Illinois Department of Professional Regulation and knows what to do when a licensed professional is cited for DUI.

Having served the State of Illinois as the former Chief of Prosecutions for the IDFPR, then called the Illinois Department of Professional Regulations, Michael V. Favia knows how the Board and Department operate, and conduct investigations and discipline. Favia has the benefit of that wisdom in defending professionals and advising them on proceeding with the state, ideally before an investigation starts in the first place.

Favia can help a nurse, physician or other licensed professional make decisions about how you plan to handle the aftermath of a legal problem like a DUI. In many cases, individuals chose to take a drivers safety course or some similar substance issues treatment, just to make sure they do not have a problem. To demonstrate to the state proactively that an individual does not have a problem or pose a risk to the public is good thing and can position you in a favorable light.

Michael V. Favia & Associates, P.C. represents Illinois-licensed professionals in actions involving the IDFPR. A former Chief of Prosecution with the Department, Michael V. Favia is well-known for his work on both sides of administrative licensing law.

Chicago health law and litigation attorney Michael V. Favia and his associates in several locations and disciplines, advise and represent licensed physicians in all types of litigation and administrative matters involving licensing and regulatory agencies.

Michael V. Favia and Associates, P.C. represents individual physicians and health care organizations in the Chicago area with a variety of legal matters. With offices conveniently located in the Chicago Loop, Northwest side and suburban meeting locations, you can schedule a discrete meeting with an attorney at your convenience and discretion. For more about Michael V. Favia & Associates, please call (773) 631-4850, visit www.favialawfirm.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter. You can also review endorsements and recommendations for Michael V. Favia on his Avvo.com profile and on LinkedIn.

Image Source: http://bit.ly/1YJOsh7

MICHAEL V. FAVIA AND ASSOCIATES WELCOMES ANNA LOZOYA, JD, RN, OF COUNSEL

FOR IMMEDIATE RELEASE

Health Law and Litigation Attorney, Michael V. Favia Welcomes Anna Lozoya, JD, RN, Of Counsel to the Michael V. Favia and Associates, P.C. to Work on Health Related Matters.

099CHICAGO – Wednesday, April 20, 2016. Health law and litigation attorney, Michael V. Favia, announces that this spring, Anna Lozoya, JD, RN, joined Michael V. Favia & Associates, P.C. as an of counsel attorney to work on health related matters including personal injuries, medical malpractice , IDFPR, and Illinois Department of Health matters.  She is also is bi-lingual and has extensive experience in real estate law.

Lozoya attended the University of Miami’s School of Nursing and Health Studies. Lozoya graduated from DePaul University’s College of Law in 2012. During her tenure in law school, she was a student attorney in the Civil Rights Clinic and a staff writer of the DePaul Journal of Health Care Law. Lozoya continues to work as nurse in critical care in Chicago.

Lozoya currently holds the position of secretary of the Puerto Rican Bar Association of Illinois; Region IX Deputy President of the Hispanic National Bar Association (HNBA); and co-chairs the Bar Organization Outreach Committee and the Health Law Committee of the Women’s Bar Association of Illinois.

Lozoya offered comments to questions about her new position, of counsel, to Michael V. Favia & Associates, P.C.:

How does your of counsel position with Michael V. Favia & Associates, P.C., complement your existing legal practice in health law, litigation and professional licensing? “As of counsel of Micheal Favia’s firm, I am afforded the opportunity to utilize my skill set as an attorney and nurse. Mike’s practice encompasses more than just medical malpractice. The Favia name is synonymous effect and diligent legal representation. The of counsel position will expand my civil practice into other areas of contract law such as health care and physician agreements. I currently provide nurse-consulting services, which includes but is not limited to medical record analysis, chronologies, and summaries. I will provide these services for the law firm on any and all cases that require an expert’s opinion.”

What unique perspectives to you bring to the firm? “Before becoming a nurse and an attorney, I was an auditor for a CPA in Miami. That position not only taught me to be thorough but required meticulous review of financial data and documents. This skill has transferred into all aspects of my life. During representation and consulting of clients, it is the recognition and discovery of minute distinctions that have yielded favorable results for my clients. I also have an extensive sales background, which instilled considerable listening skills; this set of skills serves as the bedrock of building and maintaining all of my client-attorney relationships. The majority of my current legal practice is in real estate which has refined my negotiation technique.”

What would you like future clients and colleagues to know about you? “I am a lover of knowledge and challenges. I look forward to collaborating with Mike and his associates. I continue to have the privilege of healing and assisting Chicago’s sick. I currently work as a Registered Nurse in the areas of: medical-surgical; telemetry; ambulatory surgery; medical intensive care unit (MICU); coronary care unit (CCU); and post anesthesia care unit (PACU). l enjoy a good laugh, a delicious slice of cheese pizza, and a brisk jog on Lake Michigan.”

Lozoya was recently featured in the Illinois Professional Licensing Consultants podcast interview, explaining how she works of counsel to Michael V. Favia & Associates, P.C. in connection with workers compensation cases and other related health law and litigation matters. PODCAST: Workers Compensation: Independent medical examinations with Anna Lozoya.

To learn more about, or to speak to Anna Lozoya, JD, RN, Of Counsel to Michael V. Favia & Associates, P.C., please contact the firm at (773) 631-4580.

Chicago health law and litigation attorney Michael V. Favia and his associates in several locations and disciplines, advise and represent licensed physicians in all types of litigation and administrative matters involving licensing and regulatory agencies.

Michael V. Favia and Associates, P.C. represents individual physicians and health care organizations in the Chicago area with a variety of legal matters. With offices conveniently located in the Chicago Loop, Northwest side and suburban meeting locations, you can schedule a discrete meeting with an attorney at your convenience and discretion. For more about Michael V. Favia & Associates, please call (773) 631-4580, visit www.favialawfirm.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter. You can also review endorsements and recommendations for Michael V. Favia on his Avvo.com profile and on LinkedIn.

 

PODCAST: Nursing homes, compliance with Federal and State Regulations with Carol Prosapio, RN

Today’s podcast interview with Carol Prosapio focuses on educating the public, nursing homes and their staff, about providing good patient care while at all times complying with all the rules and regulations of the Illinois Department of Health and the Illinois Department of Professional Regulation.

Topics covered in this 30-minute interview – Click/tap here to listen anytime!

  • Making informed decisions when choosing a nursing home, do your research;
  • Examining compliance requirements and how nursing homes strive for compliance;
  • Increasing nursing home staff to provide increased resident care requirements;
  • Resources for risk analysis, root cause, analysis regarding pressure ulcers;
  • Pain management, fall prevention, infections, personal hygiene and activities.

Carol Prosapio is an accomplished registered nurse with 36 years experience. She served the State of Illinois, the last 11 years, working as a long-term care surveyor. A Health Facilities Surveillance Nurse, for the Illinois Department of Public Health, Carol inspected long-term care facilities to ensure compliance with Federal and State regulations. She investigated allegations of abuse, neglect, improper nursing care and misuse of resident funds. Additionally, Carol reviewed records, laws, and procedures, investigating and surveying legal and policy compliance. Carol is an alumnus of Moraine Valley Community College, the University of Illinois at Chicago and Lewis University.

Michael V. Favia & Associates are available to advise and represent health care professionals and the general Chicagoland community with a variety of legal issues. With offices conveniently located in the Chicago Loop, Northwest side and suburbs, you can schedule a discrete meeting with an attorney at your convenience and discretion.

For more about Michael V. Favia & Associates, please call (773) 631-4850, visit www.favialawfirm.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter. You can also review endorsements and recommendations for Michael V. Favia on his Avvo.com profile and on LinkedIn.