Category Archives: Healthcare the the Law

Licensed healthcare professionals can also suffer and recover from opiate abuse and addiction

Opiate addiction is something that can sneak up on good people who might not realize they are becoming dependent on painkillers. People from all walks of life are prescribed an opiate or opioid narcotic for pain management following for injuries and chronic conditions. Like other addictions, an opiate use can turn into abuse and reliance on the drugs. Many people who suffer from opiate abuse and addiction report that they did not think they had a problem and would go for days without using opiates, assuming they were able to stop at any time.

Healthcare professionals may have a unique risk of opiate abuse and addiction

Physicians and healthcare professionals may be particularly likely to manage their own use of opiate narcotics and one day realize they are on the way to or are already hooked. For many, the opiates seem to sneak up on them without the user noticing anything because the neurotransmitters in the brain and the systems affected by opiate drugs are altered; the user is not thinking normally.

The healthcare industry can be notably stressful and physicians and professionals must be disciplined and resilient to that which might be too difficult for others to manage daily. Knowing you may be a tough doctor or nurse might give you the illusion that you may be in a better position to get the use of opiates under control, even though you might not be able to manage the addiction on your own.

The causes of opiate addiction are variable among several factors, some of which might not be within the control of the individual experiencing addiction.[i]

  • Genetic: Some of us are pre-disposed to addiction through our genetic makeup. When immediate family members and close relatives have addictions, those close in relation are often more likely to also suffer from abuse and addiction. This is not always the case, however and within a family some may “have the gene” while others do not.

 

  • Biological: Some of us naturally lack the endorphins necessary to trigger the right responses in our brains and central nervous systems, impacting our physiology. When introduced to our systems, certain people respond very well to opioids to remedy an underlying neurotransmitter deficit.

 

  • Environmental: What we experience as children can significantly influence our likelihood of certain behaviors as adults. The children who grow up with substance abuse and addiction are more likely to use substances and are more prone to addiction themselves.

 

  • Psychological: In the event one may be suffering from a mental illness or disorder, one may not be thinking clearly when using addictive narcotics to self-medicate other symptoms. There is a common correlation between mental health and propensity for addiction.

Opiate abuse and addiction can be cured and underlying causes and symptoms can be addressed.

Licensed professionals with their livelihood on the line may be more likely to cover up the use, abuse or addiction to opiates. The last thing any physician or nurse wants is to be questioned as to their fitness to practice. Individuals with addiction might be under the effects of narcotics to the extent that they are not making otherwise clear decisions, while some others may be better able to catch and cure a problem.

Too often people fear being looked at like a failure or a weak person. It is important to realize that opiate abuse and addiction is a temporary illness which may not have been avoidable based on causes that are not the healthcare professionals’ fault.

Being proactive with opiate abuse and addiction issues can save a healthcare professional’s career.

In many cases there are options for healthcare professionals to self-report a struggle with abuse or addiction. Being the first to notify your professional licensing and regulatory body, and with representation by a professional licensing attorney, physicians and nurses are likely to experience better results and a reduction in the risk of discipline or adverse action taken against them.

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] Mount Regis Center website, Opiate Abuse & Addiction Effects, Signs & Symptoms.

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

Michael V. Favia joins other highly respected members of the healthcare community as a new Vice President of IOMC

CHICAGO – You are invited to join and celebrate with the members and guests of the Institute of Medicine of Chicago (IOMC) this Thursday evening, June 8, 2017, at the Union League Club of Chicago, located at 65 West Jackson Boulevard. The event is the IOMC 102nd Annual Meeting and Dinner.

At this year’s Awards Dinner, the group will recognize new fellows and present the Lifetime Achievement Award. In addition, IOMC will introduce new officers and Board members and honor the service of retiring officers and Board members.

This is a special night for IOMC Billings Fellow member, Michael V. Favia, as he will be sworn in as the incoming IOMC Vice President.

The Annual Meeting of the IOMC takes place Thursday, June 8, 2017, at 5 p.m. with the reception following at 6 p.m. The dinner and presentation takes place from 6:30 to 9 p.m. in the French Room. Tickets remain available at $135.00.

REGISTER NOW FOR THE JUNE 8TH DINNER OR CALL (773) 234-5925 TO REGISTER BY PHONE

About the IOMC:

The Institute of Medicine of Chicago is an independent organization of distinguished leaders in the health field who collaborate to improve the health of the public. Drawing upon the expertise of a diverse membership and other regional leaders, the IOMC addresses critical health issues through a range of interdisciplinary approaches including education, research, communication of trusted information, and community engagement.

With the health of the public at its core, IOMC is building new programs and services to better meet the needs of its members and the Chicagoland community.

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.

 

 

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/

Insulating your healthcare practice from fraud takedowns

Takedowns are a practice used by federal prosecutors to send a deterrent message to certain industries where the incidence of fraud and criminal activity may be widespread. When federal law enforcement conducts takedowns, they work with law enforcement nationwide and execute the takedowns at the same time. When these takedowns occur simultaneously, there is little warning before an investigator contacts individuals suspected or reported to be engaged in illegal conduct. The healthcare industry is a focus of federal investigators following tips on Medicare fraud. From over billing to treating non-existent or non-qualified patients, Medicare fraud is a compelling problem and task forces are organized and specialized in investigating claims and preparing for nationwide takedowns. Some in the industry predict, based on an increase in enforcement activity, that the Chicago area could be a target for takedowns during the summer of 2017.

The opportunity to insulate your healthcare practice from civil and criminal liability

Awareness of the focus on healthcare fraud leads to an opportunity for healthcare administrators and professionals to review their practices, the trends in fraud, and make any changes to the organization to prevent being targeted in enforcement investigations.

The resources used in using healthcare lawyers to perform health-care fraud and compliance audits are well allocated when the alternative significant civil and criminal fines and penalties could be assessed against your healthcare organization if an investigation leads to adverse findings.

Your healthcare attorney can audit your healthcare systems and help you maintain compliance with federal laws and regulations. Everyone in your administration should be aware of compliance and anti-fraud measures. Being able to demonstrate this preventative practice may be essential in the event of an investigation.

What happens if an investigator visits you and informs you of inquiry

How your hospital or medical practice responds to an initial inquiry of an investigator is imperative. Ahead of time, you should know a healthcare attorney you can contact immediately and you should be aware of how they will advise and represent you if necessary. Even if you believe that your practice is compliant and not in any risk, it is not a good idea to represent yourself without a lawyer when visiting with and responding to investigators.

Your attorney may help satisfy the investigators concerns uniquely, where they know what kind of questions they may ask and how to best communicate your compliance and anti-fraud efforts.

If an investigator contacts you it is important to be polite and offer to assist and comply with their requests. You may ask them for contact information you will give to your attorney to also assist. You do not need to answer any of their questions without your lawyer present. A professional investigator will be accustomed to the request for legal counsel and you should not worry about that looking like any suggestion or admission of wrongdoing or guilt.

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.

 

PODCAST: Appealing adverse final rulings in healthcare discipline, discharge and termination

Today’s podcast interview with attorney Michael Cohen, focuses on his work with attorney Michael Favia in defending healthcare professionals and appealing adverse decisions from any state agency final ruling affecting involving discipline, discharge and terminations. There are many compelling reasons to file an appeal of a ruling affecting your healthcare career. Attorneys Cohen and Favia work as a team to fight for the professional being disciplined or terminated. USE THIS LINK TO LISTEN ANYTIME

Topics covered in this 30-minute interview:

  • Common elements in reportable healthcare discipline, discharge and termination cases;
  • Describing usual procedural processes leading to an appealable final ruling and decision;
  • The measurable impact of healthcare discipline or termination on a local and national level;
  • What to expect in appealing an adverse discipline, discharge or termination ruling.

Michael B. Cohen is a partner in the Chicago office of Quintairos, Prieto, Wood & Boyer, P.A. Mr. Cohen represents clients in a wide variety of civil and criminal litigation matters, both state and federal at the trial and appellate levels, focused on complex commercial litigation. His litigation practice includes the areas of appellate law, bankruptcy, civil rights, commercial, constitutional, criminal, employment, estates and trusts, insurance coverage, medical malpractice defense, personal injury actions, privacy, professional liability, and real estate.

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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.

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.

Michael V. Favia speaks at CBA Administrative Law Committee Meeting Monday March 20

Come have lunch with the Chicago Bar Association Administrative Law Committee on Monday, March 20, from 12: 15 to 1:30 p.m. The topic is “Medical Cases Before the Illinois Department of Financial and Professional Regulation.”

There are many nuances of administrative law and professional regulation that apply in the review of cases involving health care professionals. Being a former Chief of Prosecutions at the IDFPR, then IDPR, Michael V. Favia is uniquely positioned in private practice to advise and represent individuals and organizations involving professional regulatory matters.

Also speaking at Monday’s lunch meeting are Ms. Susan Gold, Deputy Director for State Wide Enforcement, IDFPR, Division of Professional Regulation, and Mr. Donald Seasock, Chief Administrative Law Judge, IDFPR.

Monday’s Administrative Law Committee meeting is held at the Chicago Bar Association, 321 South Plymouth Court and lunch is available for purchase.

Earn Illinois MCLE credit based on the presentation length.

Use this link for more information and to learn how to use the webcast option to attend and earn credit.

 

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.