Answers To Your Health Care Attorney Questions
At Kennedy Attorneys & Counselors at Law, we believe in clear communication and empowering our clients with the information they need. We understand that choosing the right health care attorney is a crucial decision, and we want you to feel completely confident in your choice. Here are answers to some of the most common questions we receive about our firm and our services. If you don’t see your question addressed here, please don’t hesitate to reach out.
I don’t live in Dallas. Can you still represent me?
Absolutely. While our office is located in Dallas, serving as a central hub for health law matters, our reach extends nationwide. We regularly represent clients across Texas and the entire country, appearing in state and federal courts, before administrative tribunals, and assisting clients and their local counsel wherever needed. Our lawyers’ deep understanding of federal and Texas health care regulations allows us to effectively serve providers regardless of their specific location.
What types of health care providers do you work with?
We work with a broad spectrum of health care providers and organizations. This includes individual practitioners, such as physicians, dentists and therapists, medical groups, hospitals, clinics and other health care-related businesses. Our support is tailored to the unique regulatory and business challenges faced across the entire health care ecosystem.
Can you help if I’m already under government investigation?
Yes, we can, and we strongly encourage immediate contact if you are facing a government investigation. Our firm has extensive experience in aggressively representing clients in matters concerning investigations, fraud and abuse audits, allegations and sanctions. Founding lawyer Mark S. Kennedy’s background with the U.S. Department of Health and Human Services (HHS) provides us with invaluable “inside-out” knowledge of how regulatory bodies operate. This enables our health care attorneys to protect your rights, navigate complex proceedings and strategize a strong defense.
How do you help clients stay compliant with health care regulations?
Our approach to compliance is proactive and comprehensive. We partner with you to develop and implement robust compliance programs, conduct risk assessments, provide guidance on evolving regulations and offer training to your staff. Our goal is to empower you to identify and mitigate potential risks before they escalate into legal issues. This way, you can ensure that your practice operates within the bounds of complex health laws and standards. Doing so will allow you to focus on patient care with confidence.
What should I do if I receive a subpoena or audit notice?
If you receive a subpoena, an audit notice or any communication from a government agency or regulatory body, your immediate first step should be to contact legal counsel. Do not respond or provide any information without first speaking with a health care attorney. Engaging our firm promptly helps protect your rights from the outset. We can strategically manage all communications, information requests and appearances on your behalf, minimizing potential exposure. Rest assured that we will guide you through every step of the process.
Can you assist with issues related to Medicare or Medicaid billing?
Yes, absolutely. Medicare and Medicaid billing and reimbursement issues are a significant area of our practice. We assist clients with a wide range of concerns, including billing compliance, responding to audits, appealing payment denials, navigating complex reimbursement regulations and defending against allegations of fraud or abuse related to government programs. Our health care attorneys aim to ensure your billing practices are compliant and that you receive fair and accurate reimbursement for your services.
How do you charge for your legal services?
We understand that transparent and cost-effective legal solutions are essential. Our fee structure varies depending on the specific nature and complexity of your legal matter. Most clients are billed at an hourly rate, but in certain cases, contingency fee arrangements may be available. For matters requiring substantial time or expense, we generally require retainer fees for our health care attorneys. Regardless of the engagement’s duration, clients receive detailed, monthly statements for all legal services performed.
We will discuss all fees and payment arrangements with you upfront during your initial consultation. Our commitment is to provide efficient and high-value legal services that address your distinct needs without hidden costs, so you can trust that your legal issues are in capable hands.
What should I expect if a Medicare audit leads to a licensing board investigation?
A Medicare audit may uncover billing irregularities, fraud concerns or patterns of noncompliance, which can lead to a licensing board investigation. This kind of investigation is a lengthy process with many steps. You can generally expect the following:
- A formal notice from the board that your professional conduct is under review.
- A request for relevant documents crucial for the investigation, such as billing documents, written explanations or patient records.
- An assessment of documents to determine whether there is a professional ethics, recordkeeping or patient care issue.
- An in-person hearing to determine whether your actions have violated certain ethical standards or policies.
- Possible disciplinary actions, such as fines, license restrictions, suspension or license revocation.
Our attorneys can represent your interests during this time, serving as the primary contact for the licensing board, making sure that you submit all required documentation and evidence and representing you during formal hearings. We can also negotiate with the board for a resolution that protects your future.
How can I protect my medical license during and after a government health care audit?
If you are notified that you are under investigation after a government health care audit, it is best to prepare and protect your rights. To protect your rights, you should consider doing the following:
- Keep organized documentation of patient records, billing logs and compliance records.
- Avoid making any self-incriminating statements.
- Take proactive measures, such as updating compliance programs, training or auditing practices.
- Do not alter or “fix” documents to avoid fraud or obstruction.
You can reach out to Kennedy Attorneys & Counselors at Law and work with one of our experienced health care attorneys to learn how to protect your rights.
What are the potential consequences of failing a Medicare or Medicaid audit beyond financial penalties?
Fines and financial penalties are among the most common consequences of failing a Medicare or Medicaid audit. However, these penalties can pale in comparison to some of the harsher penalties for a failed Medicare or Medicaid audit, such as:
- Professional license restriction, suspension or revocation
- Provider network termination and Medicare/Medicaid exclusion
- Potential criminal charges for fraud or abuse
- Mandated compliance programs, monitoring and audits
- Damaged reputation and disciplinary actions on public record
A failed Medicare or Medicaid audit can ruin a medical practitioner’s career. It is important to reach out for legal guidance to prepare for a medical audit or appeal a decision.
Ready To Discuss Your Specific Needs With A Health Care Attorney?
Your vital work in patient care is your priority, and navigating complex legal matters shouldn’t detract from it. Call 945-218-2698 or reach out online to schedule an appointment.