Tag Archives: defense attorney

Breach of HIPAA Privacy Regulations May be a Basis for Negligence Actions

By Shelby Root and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by the Florida Bar in Health Law

00011_RT8Given the advances in information technology, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) was enacted by Congress as a comprehensive legislative and regulatory scheme to ensure basic protections of patients’ right of privacy regarding their health information. HIPAA, standing alone, does not provide a private right of action. It also preempts contrary state laws. A recent case in the Supreme Court of Connecticut, Byrne v. Avery Center for Obstetrics and Gynecology, P.C., 102 A.3d 32 (Conn. 2014), addressed these issues. The decision answered the question of whether HIPAA preempts state law claims for negligence and negligent infliction of emotional distress against a healthcare provider who released medical records in the course of complying with a subpoena.

The Facts of Byrne v. Avery Center for Obstetrics and Gynecology, P.C.

During May 2004, Byrne started a personal relationship with Andro Mendoza, which lasted four months. At some point during May 2004 and July 12, 2005, the Avery Center provided Byrne with gynecological and obstetrical care and treatment. During the visit she was given the center’s privacy policy regarding protected health information. The policy, and the law, state that a patient’s health information will not be disclosed without their authorization. After Byrne’s relationship with Mendoza ended she instructed the center not to release her medial records to him.

On May 31, 2005, Mendoza filed paternity actions against Byrne. The Avery Center was served with a subpoena requesting its presence, along with Byrne’s medical records, at Probate Court. The center did not alert Byrne of the subpoena, file a motion to quash or appear in court. Instead, it mailed a copy of Byrne’s medical file to the court.

The Supreme Court of Connecticut’s Holding.

The Supreme Court of Connecticut reasoned that the fact a state law that allows an individual to file a civil action to protect their privacy exist does not mean that the law conflicts with the HIPAA penalty provisions. Therefore, the court concluded that HIPAA does not preempt causes of action when they are based on a state common or statutory law due to a healthcare provider’s breach of confidentiality.

The court found that a number of federal and state courts have ruled that a breach of the HIPAA Privacy Rule may be the basis for a breach of a duty of care in state court negligence actions. A patient’s private right of action does not conflict with or complicate healthcare provider’s compliance with HIPAA. In fact, negligence claims in state courts are furthering HIPAA’s goal of deterring wrongful disclosure of patient’s healthcare information. To view a past blog on a HIPAA violation case in California, click here.

Editors’ Comments on Byrne.

This is the latest of several recent cases where state courts have allowed cases to proceed against health care providers who breached the medical confidentiality of their patients, based in part on the HIPAA Privacy Regulations. In this case, the court correctly held that, although HIPAA does not afford a private right of action by itself, it does establish the duty that is owed by a healthcare provider to its patients to protect their medical information. With this duty being established, the plaintiff can then proceed under a straight negligence tort cause of action.

It is also noteworthy that the HIPAA Privacy Regulations are just one source of “evidence” or standards that can be used to establish th duty owed by medical professionals and theories.

This case also helps to put to rest the spurious defense that HIPAA might “preempt” such a cause of action that is brought under state law. We have seen this theory used by defendants just about any time a federal statute or federal regulation might come into play in a tort law suit. The court correctly determined that this defense theory was not valid.

If anything, HIPAA has better defined and strengthened a duty that has been owed to patients by physicians, nurses, health professionals and health facilities since the time of Hippocrates.

Comments?

What are your thoughts on the Supreme Court of Connecticut’s ruling? Please leave any thoughtful comments below.

Contact a Health Law Attorney Experienced in Defending HIPAA Complaints and Violations.

The attorneys of The Health Law Firm represent physicians, medical groups, nursing homes, home health agencies, pharmacies, hospitals and other healthcare providers and instiuttions in investigating and defending alleged HIPAA complaints and violations and in preparing Corrective Action Plans (CAPs).

For more information about HIPAA violations, electronic health records or corrective action plans (CAPs) please visit our website at www.TheHealthLawFirm.com or call (407) 331-6620 or (850) 439-1001.

Source:

Byrne v. Avery Center for Obstetrics and Gynecology, P.C., 102 A.3d 32 (Conn. 2014). From:

http://scholar.google.com/scholar_case?case=6869878125055474806&q=Byrne+v.+Avery+Center+for+Obstetrics+and+Gynecology,+P.C.,+102+A.3d+32+(Conn.+2014)&hl=en&as_sdt=40006

About the Authors: Shelby Root is a summer associate at The Health Law Firm. She is a student at Barry University College of Law in Orlando. George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Health Insurance Portability and Accountability Act, HIPAA, HIPAA Privacy Rules, HIPAA compliance, protected health information, patient privacy, patient rights, HIPAA violation, penalties for HIPAA violation, civil penalties for HIPAA violation, privacy, defense attorney, defense lawyer, HIPAA defense attorney, HIPAA violation help, HIPAA attorney, HIPAA lawyer, compliance plans, health law, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2015 The Health Law firm. All rights reserved.

Apopka Woman to Serve 18-Month Prison Sentence After $47K Medicaid Scam

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

IndestAn Apopka businesswoman was recently sentenced to 18 months in prison after she was found guilty of a Medicaid scam. According to the Florida Attorney General’s Office, Shanqual Marshall-Gunn was arrested in September on suspicion of submitting more than $47,000 in fraudulent Medicaid claims.

Company Provided Targeted Case Management Services (TCMs).

Marshall-Gunn owned Second Chances TCM, Inc. TCMs are intended to provide Medicaid recipients who have mental-health disorders with connections to resources in their community, and to assist them in leading a more normal life. Prosecutors said Marshall-Gunn gave employees and clients kickbacks when they submitted referrals to her company.

Three of her employees were also arrested in September 2014 for billing Medicaid for targeted case management services that were fraudulent or not authorized.

Marshall-Gunn Entered a No Contest Plea.

Media reported that court records show Marshall-Gunn entered a no contest (or “nolo contendere”) plea and was found guilty of Medicare fraud, a second-degree felony. Circuit Court Judge Jenifer Davis sentenced Marshall-Gunn on July 2. Davis also ordered Marshall-Gunn to serve five years of probation.

In addition, she cannot work for any Medicaid provider and must pay more than $47,000 in restitution.

The Investigation Was Conducted by the Medicaid Fraud Control Unit.

The investigation was conducted by Attorney General Pam Bondi’s Medicaid Fraud Control Unit (MFCU). And it was prosecuted by the Attorney General’s Office of Statewide Prosecution.

Bondi’s MFCU investigates and prosecutes providers that intentionally defraud Florida’s Medicaid program. According to Bondi’s MFCU press release in this case: “From January 2011 to August 2014, Attorney General Bondi’s MFCU has obtained more than $460 million in settlements and judgments.”

To read the press release, click here.

To read more about the MFCU, click here.

Comments?

Have you ever been a victim or suspect of Medicaid fraud? Please leave any thoughtful comments below.

Contact Health Law Attorneys Experienced in Handling Medicaid Audits, Investigations and other Legal Proceedings.

Medicaid fraud is a serious crime and is vigorously investigated by the state MFCU, the Agency for Health Care Administration (AHCA), the Zone Program Integrity Contractors (ZPICs), the FBI, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services (DHHS). Often other state and federal agencies, including the U.S. Postal Service (USPS), and other law enforcement agencies participate. Don’t wait until it’s too late. If you are concerned of any possible violations and would like a confidential consultation, contact a qualified health attorney familiar with medical billing and audits today. Often Medicaid fraud criminal charges arise out of routine Medicaid audits, probe audits, or patient complaints.

The Health Law Firm’s attorneys routinely represent physicians, dentists, orthodontists, medical groups, clinics, pharmacies, assisted living facilities (ALFs), home health care agencies, nursing homes, group homes and other healthcare providers in Medicaid and Medicare investigations, audits and recovery actions.

To contact The Health Law Firm, please call (407) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Attorney General’s Press Office. “Four Central Florida Residents Arrested for Medicaid Fraud.” (Sept. 5, 2014). WCTV. From: http://www.wctv.tv/home/headlines/Four-Central-Florida-Residents-Arrested-for-Medicaid-Fraud-274154191.html

Connolly, Kevin P. “Apopka woman sentenced to prison for 18 months after Medicaid scam.” Orlando Sentinel. Print.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida area.  www.TheHealthLawFirm.com  The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Medicaid, Medicaid fraud, defense attorney, Medicaid investigation, defense lawyer, defense counsel, Medicaid claims, fraudulent claims, home health care, criminal defense, health law criminal defense, health law criminal representation, criminal representation, Medicaid Fraud Control Unit, MFCU, targeted case management provider, TCM, Florida’s Medicaid program, overbill Medicaid, Medicaid scam, Medicaid fraud defense attorney, Medicaid fraud defense lawyer, Medicare, Medicare fraud, Medicare Investigation, overbill Medicare, health care fraud, Florida Attorney General, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2015 The Health Law firm. All rights reserved.

Medical Staff Involved in Peer Reviewers Can Receive Compensatory and Punitive Damages for Violations of their Confidentiality: Part 1 of 2

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by the Florida Bar in Health Law and Shelby Root

6 Indest-2008-3An important decision was delivered by the Supreme Court of New Mexico involving peer reviewers’ statutory right to confidentiality. In the decision, the New Mexico court allowed peer reviewers to recover compensatory and punitive damages resulting from confidentiality violations. The court recognized that peer reviewers are members of the class protected by the peer review statute in New Mexico. Thus, the court stated, they deserve remedies for violations of their confidentiality right. To view the New Mexico Peer Review Statute, click here.

Yedidag v. Roswell Clinic Corp., the New Mexico Case.

Dr. Emre Yedidag was an employee of Roswell Clinic Corp. and Roswell Hospital Corp. During a peer review of another employee, Dr. Akbar Ali, Dr. Yedidag allegedly “verbally attacked” Dr. Ali when he questioned the physicians’ involvement in a patient’s death. The hospital subsequently terminated Dr. Yedidag’s employment for “unprofessional conduct.” In response, Dr. Yedidag filed a complaint against the hospital for utilizing confidential peer review information to support his termination.

The Supreme Court of New Mexico did not agree with the hospital’s argument that the physician’s unprofessional conduct justified the doctor’s termination. The court held that the doctor’s questions were privileged, even if they were “uncivilized.” Also, the court ruled, the hospital may not use information from a peer review proceeding as a reason to terminate his employment. The court upheld an award to Dr. Yedidag of his compensatory and punitive damages. To read the case in its entirety, click here.

The New Mexico Supreme Court Estimated that the Peer Review Statute is too Lenient.

The Supreme Court of New Mexico also estimated that the criminal penalty imposed by the New Mexico peer review statute was “too lenient” to discourage violators. Therefore, allowing peer reviewers to sue violators will result in greater deterrence, the court ruled. The court held that peer reviewers’ confidentiality is a “mandatory rule of law incorporated into physician-reviewer employment contracts.”

Comments?

What are your thoughts on the Supreme Court of New Mexico’s ruling of compensatory and punitive damages for peer review violations? Please leave any thoughtful comments below.

Contact a Health Law Attorney Experienced in Representing Health Care Professionals.

At the Health Law Firm we provide legal services for all health care providers and professionals. This includes physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors, Durable Medical Equipment suppliers, medical students and interns, hospitals, ambulatory surgical centers, pain management clinics, nursing home and any other health care provider. We represent facilities, individuals, groups and institutions in contracts, sales, mergers and acquisitions.

To contact the Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Source:

Stein, Alex. “Doctors Conducting Peer Review Can Recover Compensatory and Punitive Damages for Confidentiality Violations.” (February 21, 2015). From:
http://blogs.law.harvard.edu/billofhealth/2015/02/21/doctors-conducting-peer-review-can-recover-compensatory-and-punitive-damages-for-confidentiality-violations/

About the Authors: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620. Shelby Root is a summer associate at The Health Law Firm. She is a student at Barry University College of Law in Orlando.

Keywords: Yedidag v. Roswell Clinic Corporation, peer review, defense attorney, defense counsel, defense lawyer, medical staff attorney, fair hearing attorney, peer review fair hearing, clinical privileges attorney, hospital clinical privileges, confidentiality right, compensatory damages, punitive damages, New Mexico peer review statute, healthcare law, healthcare attorney, healthcare lawyer, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2015 The Health Law firm. All rights reserved.

Author Recommends Medicare Use ‘Procedural Triage’ to Eliminate Backlog of Appeals and Restore Faith in the System

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

IndestIn a recent law journal article being considered for publication, Author Matthew J. B. Lawrence of the Harvard University Petrie-Flom Center, makes some bold recommendations for Medicare. His hypothesis seems to be that the extremely long delay that health care providers now face in getting a Medicare appeal hearing might be negatively affecting these providers’ view of the fundamental fairness of the system. Currently, the backlog in obtaining a Medicare Appeal Hearing before an administrative law judge is up to approximately 27 months. Mr. Lawrence argues “procedural triage” may be in order.

Following is an abstract of this article:

Prior scholarship has assumed that the inherent value of a “day in court” is the same for all claimants, and so that when procedural resources (like a jury trial or a hearing) are scarce, they should be rationed in the same way for all claimants. That is incorrect. This Article shows that the inherent value of a “day in court” can be far greater for some claimants, such as first-time filers, than for others, such as corporate entities, and that it can be both desirable and feasible to take this variation into account in doling out scarce procedural protections. In other words, it introduces and demonstrates the usefulness of procedural triage.

The Article demonstrates the real-world potential of procedural triage by showing how Medicare should use this new tool to address a looming administrative crisis that it is facing. In the methodological tradition of Jerry Mashaw’s seminal studies of the Social Security Administration, the Article uses its in-depth study of Medicare to develop a theoretical framework that can be used to think through where and how other adjudicatory processes should engage in procedural triage. The Article concludes by applying this framework to survey other potential applications for procedural triage, from the Department of Veterans’ Affairs to the Federal Rules of Civil Procedure.

Blog Editor’s Comments:

The main point of the justice system is that everyone deserves a “day in court.” In this document, Procedural Triage, Matthew J. B. Lawrence argues that the value of a day is different for all claimants; it can be greater for some, so we shouldn’t treat everyone alike. Lawrence suggests some individuals deserve to have a hearing more than others, but sometimes the system compromises that rule.

One thing this article does is show how useful procedural triage can be. “Procedural triage” being a system that makes all medical institutions who are enrolled in Medicare use statistical tools for peoples to retain their right to a full “day in court.” He suggests Medicare uses the tool to face its current administrative crisis. In the end, it would benefit due process in the entire system.

Comments?

What do you think about procedural triage? Do you agree that Medicare should use it? Please leave any thoughtful comments below.

Contact a Health Care Attorney Experienced with Medicare and Medicaid Cases.

Attorneys with The Health Law Firm represent physicians, medical groups, nursing homes, home health agencies, pharmacies, hospitals and other healthcare providers and institutions in Medicare and Medicaid investigations, audits, recovery actions and termination from the Medicare or Medicaid Program. We also handle Medicare audits, ZPIC audits and RAC audits throughout Florida and across the U.S.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Lawrence, Matthew J. B. “Procedural Triage.” Social Science Research Network. (June 17, 2015). From: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2619864

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com  The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: procedural triage, defense attorney, defense lawyer, medical lawyer, lawsuit, medical professionals, healthcare professionals, health care attorney, health care lawyer, The Health Law Firm, Medicare, court, litigation, day in court, procedural protections, Social Security Administration, adjudicatory, procedural justice, behavioral economics, adjudication, administrative process, civil procedure, due process, justice system

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2015 The Health Law firm. All rights reserved.

Chinese Nationals Indicted in Alleged U.S. Test-Taking Scheme

6 Indest-2008-3By George F. Indest, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Fifteen Chinese citizens living in the United States reportedly conspired to take college entrance exams for others so they could obtain student visas, according to the Associated Press. The frauds allegedly took standardized exams including the Scholastic Aptitude Test (SAT), the Graduate Record Examination (GRE), and the Test of English as a Foreign Language (TOEFL).

The Test-Taking Conspiracy.

According to BBC News, the scheme reportedly took place between 2011 and 2015, mainly in western Pennsylvania. Six individuals named in the indictment were identified as students who supposedly paid up to $6,000 to have other individuals, also charged, take the tests. The test-takers purportedly “impersonated others, and those others were able to use the fraudulent test scores to obtain F1 visas,” U.S. Attorney for the Western District of Pennsylvania David Hickton told the Associated Press. The individuals allegedly used fake passports that contained the students’ personal information, but a picture of the test-taker substituted for the student.

Testing Services Cooperate with the Investigation.

Princeton, New Jersey-based Educational Testing Service and the New York-based College Board are cooperating with the investigation, according to Hickton. “Their actions are consistent with the College Board’s commitment to identify and stop illegal activity that undermines the integrity of our exams and the hard work of students around the world,” College Board vice president Stacy Caldwell told the Associated Press. Educational Testing Service administers the SAT, GRE, and TOEFL exams, while the College Board oversees SAT registration.

Offenders Expected to Receive More Than Just a Slap on the Wrist.

The charges against the suspects include conspiracy, counterfeiting passports, mail and wire fraud, BBC News reported. The defendants, both male and female ranging in age from 19 to 26, could face up to 20 years in prison if convicted. According to BBC’s report, Special Agent in Charge of Homeland Security Investigations of Philadelphia John Kelleghan believes “these students were not only cheating their way into the university, they were also cheating their way through our nation’s immigration system.”

Due to the ongoing investigation, a final number has not yet been released documenting an exact number of suspects believed to be involved in the ruse.

Is There Similar Activity Going On in Medical Testing for NBME, USMLE or ECFMG Administered Tests?

There have been somewhat similar alleged test-taking fraudulent activities involving medical testing. From time to time we are consulted by individuals who have been caught using fraudulent documents to attempt to take the USMLE Step exams. We are also aware of allegations that there have been compromises of actual examinations involving foreign nationals. For example, see the blog I wrote on the Optima scandal.

On the whole, the NBME, USMLE, and ECFMG and their testing centers do an excellent job in screening out fraudulent test takers. It would be foolish for anyone who ever hoped to be a practicing physician to try to perpetrate a fraud in taking these tests.

Comments?

What are your thoughts on these allegations? Do you feel standardized testing should be monitored more heavily to prevent test-taking fraud from occurring? Please leave any thoughtful comments below.

Contact Experienced Health Law Attorneys.

The attorneys of The Health Law Firm provide legal representation to medical, dental, chiropractic, other professional students, residents, interns and fellows in academic disputes, contract negotiations, license applications, board certification applications and hearings, credential hearings, and civil and administrative litigations.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

“Chinese Nationals Accused of Taking SATs for Others.” BBC News. (May 28 2015). From:

http://www.bbc.com/news/world-us-canada-32921737

Mandak, Joe. “Feds Indict 15 Chinese in Alleged College Test-Taking Scheme.” The Associated Press. (May 28, 2015). From:

http://abcnews.go.com/US/wireStory/feds-indict-15-chinese-alleged-college-test-taking-31366456

About the Author: George F. Indest III, J.D., M.P.A., LL.M. is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone (407) 331-6620.

KeyWords: medical students, standardized tests, irregular behavior, fraud, defense attorney, legal representation, criminal proceeding, administrative law, health law, health care attorney, health care lawyer, defense lawyer, GME, graduate medical education, Step exams, medical interns, medical residents, ECFMG lawyer, USMLE attorney, foreign medical graduate attorney, legal counsel, legal advocate

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2015 The Health Law Firm. All rights reserved.

Ready or Not, It’s Irregular Behavior Season…

LLA Headshot smBy Lenis L. Archer, J.D., M.P.H., The Health Law Firm

Every year at regular intervals, our firm receives calls from panicked medical students and residents about a recent letter they have received, alleging irregular behavior.

This letter may come from the National Board of Medical Examiners (NBME), the United States Medical Licensing Examination (USMLE), or the Educational Commission for Foreign Medical Graduates (ECFMG). No matter the organization, if you receive a letter alleging irregular behavior, it will typically say the following:

1. A bulletin or policy related to the exam stating that Irregular Behavior is not permitted.
2. The facts alleging irregular behavior in this case.
3. You have an opportunity to respond to the allegations, in person, with counsel.

Often there is a very short window of time to respond to such allegations. While this is important because it is urgent that you get your test results, it also gives a limited time to prepare to defend yourself.

What is Irregular Behavior?

Although irregular behavior is not the same thing as cheating, it is often thought of as the same by medical school officials and residency program directors. A notice of irregular behavior may hold up and delay your entry into a residency program, your graduation from medical school, and your job opportunities. Your examination scores will be held up while the matter is reviewed by a USMLE Committee on irregular behavior or until a hearing can be held.

What Should You Do?

Once you receive an irregular behavior letter, begin to compile documents to defend yourself. Write out your version of events in order to recall what happened. Collect character reference letters from professors and administrators that attest to your integrity.

Place the personal appearance date listed in your letter on your calendar. It is of utmost importance that you attend in person, preferably with representation. Hearings are usually held in Philadelphia, Pennsylvania, so plan accordingly.

Consequences of an Irregular Behavior Finding.

If a finding of irregular behavior is made against you, then this usually means that your best score is voided, and you must retake it. The USMLE Committee may require you to wait a year or more to retake the examination. This can prevent you from obtaining or entering a residency program or it may delay you from graduating. Furthermore, the notation that you were found to have committed irregular behavior will be placed on your Step exam transcript. This will be reported out when your test scores are reported.

As indicated above, many medical decision makers view this as similar to cheating. It may disqualify you for many jobs or residency programs that you would otherwise be considered for. If you are accused of irregular behavior, immediately consult with an attorney who has actual experience in dealing with this matter. You can find more information about irregular behavior by clicking here.

Comments?

Have you been accused of irregular behavior? How did you handle this allegation? Do you think a report of irregular behavior would hurt your professional career in any way? Please leave any thoughtful comments below.

Contact Experienced Health Law Attorneys.

The attorneys of The Health Law Firm provide legal representation to medical students, residents, interns and fellows in academic disputes, graduate medical education (GME) hearings, contract negotiations, license applications, board certification applications and hearings, credential hearings, and civil and administrative litigations.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at. www.TheHealthLawFirm.com.

About the Author: Lenis L. Archer is as attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. http://www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

 

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2015 The Health Law Firm. All rights reserved.

New MCAT Will Put the Social Skills of Potential Doctors to the Test

4 Indest-2009-3By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The 8,200 aspiring doctors expected to take the Medical College Admission Test (MCAT) this year will be seeing a different exam than their predecessors.

The doctor-patient dynamic is changing. So, to stay on top of this shift in the health care industry, the Association of American Medical Colleges (AAMC) announced in April 2015, the first major revision to the MCAT in 25 years. This test is the first high-stake exam encountered by physicians. The big difference physician hopefuls will notice is that the new test assesses social aptitude and not just hard science.

The New MCAT.

There are some old reliables on the MCAT that are here to stay. The exam will still test on biological sciences and physical sciences.

Here’s what has changed:

– Students will have more questions to answer, but more time to complete each question;

– The new MCAT adds a section covering introductory psychology, sociology and neuroscience;

– The MCAT has replaced its old section on “verbal reasoning” with a broader test of comprehension in the humanities and social sciences;

– The test has eliminated the essay;

– There is a new emphasis on research, including designing studies and analyzing their results;

– The scoring for the new test will be different; and

– Scores for each of the four sections of the MCAT will be reported separately, so medical schools can emphasize or de-emphasize some parts if they choose.

The AAMC created 900 free videos to help students prepare for the new test. To review those videos, click here.

What This Means for Test Takers?

According to a press release from the AAMC, the new MCAT test is part of a broader effort to improve the medical school admission process and to support the holistic review of applicants, which balances experiences, attributes and academic metrics. To read the press release from the AAMC, click here.

There has been a paradigm shift in medical education to acknowledge the competencies physicians need beyond medical knowledge. Doctors now need to possess a broad set of skills that will treat the whole patient. The new exam reflects these changes. It should be obvious that a good physician is well-rounded with many skills that stretch far beyond basic sciences. These proficiencies are now being tested and emphasized at an earlier age.

Regardless of the changes, the same keys to succeeding as a physician applicant will apply: strong grades, competitive MCAT scores, well-rounded extracurricular activities, outstanding recommendation letters, and a promising interview.

Comments?

What are your thoughts on the new MCAT test? Do you think testing more than just basic science on the MCAT is a positive change or unnecessary? Please leave any thoughtful comments below.

Sources:

Diamond, Dan. “For the New Doctors We Need, The New MCAT Isn’t Enough.” Forbes. (April 22, 2015). From: http://www.forbes.com/sites/dandiamond/2015/04/22/we-need-a-new-type-of-doctor-but-will-the-new-mcat-be-enough/

Beck, Melinda. “Medical-College Entrance Exam Gets an Overhaul.” Wall Street Journal. (April 15, 2015). From: http://news.doximity.com/entries/1701511?user_id=2169203

Association of American Medical Colleges. “Future Physicians Take New Medical College Admission Test.” (April 20, 2015). From: https://www.aamc.org/newsroom/newsreleases/430138/20150420.html

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. http://www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1999-2015 The Health Law Firm. All rights reserved.