March 2024
To: ALL INTERESTED PHYSICIANS
We have written before concerning the activities of physicians when being contacted by the Office of Professional Medical Discipline (OPMC) but predicated by the numbers of calls we receive from individuals it seems appropriate to discuss the subject again.
The obvious- OPMC is not a friend or a colleague. You are either the prospective or actual target of an investigation. It is best- it is imperative- that you not engage in a conversation of any length with the initial contact person. We have experienced too many physicians who have believed they could solve by seeking the understanding of the initial contact person. Best not to seek to explain prior to meeting with your counsel. You need the advice of someone who can view the matter with an experienced eye. There will be opportunities in the future to present and explain.
Do we have to urge that there be no changing of the records in your possession? This can never be repeated often enough. And— if you do believe there is a justification for change, please-please-please-be certain to indicate the correct date upon which you amended the record.
We have also witnessed instances where matters are settled by the physician and OPMC and the practitioner then realizes that certain provisions may lead to being “monitored” or otherwise supervised so that carriers or, perhaps Medicare or Medicaid, will bar you from participation. This may occur if your attorney is otherwise unaware of the possible consequences of the settlement.
In any OPMC proceeding your license- your livelihood- can be at risk.
Select counsel wisely- this is not the time for an education in Health Law 101. We have not taken you through all the various steps of the process as it winds forward. This will be addressed in the future. Our purpose, again, is to ask the physician to act in a restrained fashion at the time of the initial contact and to immediately seek professional assistance to help navigate to a favorable conclusion.