Medical Board Defense
Daniel Horowitz is the premier attorney for Medical Board investigation and Accusation defense. For more information about the California Medical Board Click HERE. For the Medical Board actions for physicians in other states and the District of Columbia, Click HERE.
Our office has experienced trial attorneys, a former prosecutor, MBA and other specialized practitioners whose vast experience can be the difference between dismissal, fair resolution and loss of license. We work with the best attorneys for doctors in New York, Texas, Washington State and many other jurisdictions.
Hospital Peer Review Defense
Hospital Peer Review is a main practice area for healthcare attorneys. The American Medical Association’s Code of Medical Ethics Opinion 9.4.1 addresses peer review by stating “Peer review is recognized and accepted as a means of promoting professionalism and maintaining trust. The peer review process is intended to balance physicians’ right to exercise medical judgement freely with the obligation to do so wisely and temperately.”
Unfortunately, a negative outcome from a Peer Review proceeding has the ability to irreparably damage a physician’s career. In many states, including California, most disciplinary action must be reported to both the state’s Medical Board and the National Practitioner Data Bank.
As a physician or healthcare professional, you have legal rights which protect your privileges and/or license. Daniel Horowitz and his team of attorneys have successfully represented doctors pre-emptively, during, and after the peer review process.
Professional Healthcare License Defense and Appeal
California’s primary Healthcare Agencies include the: Dental Board, Department of Health Services, Medical Board, Board of Occupational Therapy, Board of Optometry, Board of Pharmacy, Board of Physical Therapy, Board of Registered Nursing, Board of Chiropractic Examiners, Emergency Medical Authority, Board of Veterinary Medicine, and others.
Each of the agencies above is responsible for the administration, review, and moderation of healthcare licenses. Daniel Horowitz and his team of attorneys defend healthcare professionals facing action to their license whether probation, suspension, or revocation. If you, as a healthcare professional, are unfortunate enough to face an adverse licensing action, Daniel Horowitz may be able to assist you with an appeal.
Physician Contract Review and Disputes
Our attorneys have experience in assisting with healthcare employment contracts, medical group contracts, medical directorship contracts, medical business contracts, and others. It is critical to have every healthcare contract reviewed by an attorney. Employment contracts can be filled with landmines. The core advise is this. When you negotiate don’t fall in love. Instead, look forward and envision numerous scenarios including the death of key partners, a falling out, intellectual property disputes, illness and other potentially negative outcomes. Good contract negotiation can result in a document that is better written for both sides. Daniel Horowitz and Karina Johnson (who previously worked with Physicians Advocates in Walnut Creek, California) will protect your interests in contract negotiations.
Hospital Privileges and Credentialing
Credentialing is a process by which a hospital utilizes a series of guidelines to screen and verify healthcare professionals in order to regulate and ensure that patients are receiving the highest level of care. Credentialing is an important process for not only physicians, but nurses and other healthcare providers as well, and is required to be repeated periodically. Sometimes, in the process of credentialing, a healthcare professional is asked to explain any past negative conduct or discipline. Our office can help you prepare your professional materials and history in a way that is likely to provide helpful insight to credentialing bodies. If you have negative material to address when you apply, we can assist in the most effective presentation.
Physician Criminal Defense – HIPAA Violations and Stark Law
Daniel Horowitz is a Criminal Defense Specialist recognized by the California State Bar Board of Legal Specialization. As an experienced trial attorney, Daniel is well-versed in the negotiation and strategy tactics required to effectively defend a criminal case. If you believe you are being investigated for a crime, you are not alone. Many physicians have been charged for crimes they did not willfully or knowingly commit.
Two areas that healthcare professionals can be found liable without knowing are:
HIPAA Violations
Stark Law/ Federal Anti-Kickback Violations
Medicare Appeals
If you as a healthcare practitioner disagree with a coverage or payment decision made by Medicare, you have the right to file an appeal. Working formerly with Physicians’ Advocates, Karina Johnson represents clients throughout the appeal process.
If any of these healthcare attorney practice areas apply to your case, call Daniel Horowitz to schedule a consultation (925-283-1863) or fill out our confidential contact form (1 page) and we will contact you.