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403 Wild Plum
Houston, Texas 77013
By Appointment Only
When facing a medical legal issue you need someone who not only understands the law but understands the culture of medicine.
Texas Home Health Agency and Hospice License Defense
Our firm provides representation regarding:
• Licensure and regulatory matters
• Applications and renewal applications
• Litigation and dispute resolution
• Representation in surveys and inspections
• Defense in business litigation
• Contracts and business transactions
My firm is prepared to represent you in any Medicaid or Medicare fraud-related matter, including:
IROD(informal review of deficiencies)
OSC(opportunity to show compliance)
Often the legal issues listed above have the potential to negatively affect the solvency and the existence of the facility, including possible harm to its professional reputation in the community. On any such issue, you should seek the advice and counsel of an experienced attorney who is well-versed in the health care industry.
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Whatever your particular administrative-law needs, we would like to discuss your case with you in order to learn more about how we may be able to help you.
We have represented professionals in administrative investigations and administrative hearings at both the state and federal level in the following areas:
If you know you are being investigated for potential Medicare or Medicaid fraudulent activity, we will provide the strategic, aggressive defense necessary to protect your interests or career. If The Office of Inspector General (OIG) and Attorney General's Office (AG) contact you, consider legal representation. You can innocently allow OIG or AG office to obtain admissions that may lead to investigations and severe consequences, including penalties such as fines, exclusion from Medicaid and Medicare, and other career-shifting effects.
Medicaid fraud has become an alarming issue in the United States. Medicaid has identified certain billing procedures that may indicate cases of fraud. If a health care provider engages in these practices, Medicare and Medicaid can flag them and make inquiries into their actions. Few doctors commit fraud deliberately. However, many of the mistakes arise from the complexity that surrounds hospital billing systems. Small issues can easily be detected in the audits, and these can have dire consequences on the health care providers. If Medicaid suspects you of fraudulent activities or an improper billing system, they are obligated to make an inquiry. The inquiry begins by requesting certain documentation. The audit begins when something in your billing or coding systems is flagged. Once Medicaid looks into the documents and records you have submitted, they send a letter announcing an audit. Once the documents received have been submitted, the Medicaid auditors will determine whether further investigation is necessary.
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What a citation of Irregular Behavior Means for you.
If the National Board of Medical Examiners (NBME) cites you for Irregular Behavior which the NBME finds is similar to cheating some of the consequences can be:
The best action you can take is to consult with Dr. Swate who will provide you with the best possible Irregular Behavior Defense as soon as you have been accused by the NBME. The initial consultation is free, so give us a call.
What if I Receive a Citation of Irregular Behavior?
So you are attending Medical School, have taken a portion of the USMLE. You receive an Irregular Behavior letter from the National Board of Medical Examiners (NBME) citing that they have found Irregular Behavior on your test. At this point you need to contact an Attorney who specializes in presentation of cases before the NBME. Dr. Swate, being a retired Medical Doctor himself and currently is a practicing Attorney is here to help you navigate the complicated process. He will:
Your future is at stake, an initial consultation with Dr. Swate is free. Give us a call and see what we can do for you. Hiring us as soon as you receive this letter will allow us to build a compelling case as to why you should be granted into the Medical Field without citation.
If you have been contacted by the Texas Board of Nursing, consider seeking legal advice. A carefully crafted response is very important so the response is based on both law and nursing standard of care. A nurse can inadvertently make statements against their own personal interests without realizing they are doing it. You need a healthcare attorney on your side to protect your interest. You should do everything in your power to protect your nursing license.
The Texas Board of Nursing is an administrative agency whose main purpose is to regulate the practice of nursing and protect the public. In other words, blindly answering questions without proper legal guidance, could potentially affect your nursing license. Again, a Texas nurse should have an attorney familiar with professional license defense, advocate and protect your best interests, your license and career.
If you are licensed by the Texas Board of Nursing in any of the following occupations: Registered Nurse (RN), Advanced Practice Nurse (APN), Certified Registered Nurse Anesthetists (CRNA), Nurse Practitioner (NP) Licensed Vocational Nurse (LVN), or a graduate nurse you are subject to the Texas Nursing Board jurisdiction. If you have any of the following events occur, please contact a healthcare attorney before you answer or respond to any inquiry:
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If you are currently being subjected to an investigation of your medical license by Texas Medical Board or if you or your health care facility faces any other action involving your ability to practice in the field of health care, you need assistance from attorneys who understand both health care law and medical standard of care. You may receive notice from the Texas Medical Board by mail or by an investigator showing up at your office demanding records.
I am aware of many instances where the Medical Board Investigators show up unannounced with a Texas Medical Board subpoena which requires medical records be delivered immediately. The investigator demanded the records and would not leave without the records. . In effect, the Investigator was treating the administrative subpoena as a search warrant. The Texas Medical Board does not have independent enforcement authority for subpoenas and do not have search warrant authority.
A search warrant can only be issued by a judge, based on probable cause and sworn testimony. A proper search warrant will be in the nature of a court order and will be signed by a judge, not an administrative agency official. Any subpoena must allow a "reasonable" period of time to produce a copy of the record. At the first indication of a subpoena, search warrant, or investigation of any type, it is critical to retain an appropriately experienced health attorney to represent you before you respond.
I can help defend you in the following circumstances:
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Tommy E. Swate J.D.,MD. Medical License Lawyer
403 Wild Plum
Houston, TX 77013
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