Georgia Physician Arrested? Criminal Charges Can Threaten More Than One’s Freedom

For a physician, an arrest or criminal investigation can threaten much more than freedom. Contact us – your Georgia physician criminal defense lawyer.

A doctor facing criminal allegations may also have to worry about hospital privileges, DEA registration, employment, credentialing, Medicare and Medicaid participation, the National Practitioner Data Bank, malpractice insurance, and professional reputation, among other issues.

And some of those problems can develop before the criminal case is over.

At Conaway & Strickler, P.C., we represent professionals facing serious state and federal criminal investigations and prosecutions. When the client is a physician, criminal defense requires understanding something prosecutors may not be focused on:

The way a criminal case is resolved can affect the physician’s ability to practice medicine for years to come.

An Arrest Is Not a Conviction

Being arrested does not mean a physician is guilty.

Charges can be dismissed. Evidence can be suppressed. Prosecutors can decline prosecution. Charges can be reduced. Cases can end without a traditional conviction.

But physicians are different from many criminal defendants because their careers are regulated by numerous entities outside the criminal justice system.

A criminal matter may potentially implicate the Georgia Composite Medical Board, DEA, hospitals, employers, credentialing organizations, Medicare and Medicaid, HHS-OIG, malpractice insurers, and the National Practitioner Data Bank.

That makes it essential to investigate collateral consequences before resolving the criminal case.

The Plea That Avoids Jail Could Still Damage a Medical Career

For some clients, a plea offer involving probation and no incarceration may appear extremely favorable.

But for a physician, that is not necessarily the end of the analysis.

The exact offense of conviction, factual basis for the plea, and form of disposition can potentially determine whether other professional consequences follow.

One particularly important example involves the National Practitioner Data Bank.

For qualifying health-care-related offenses, federal NPDB rules use a definition of “conviction” that can encompass guilty and nolo contendere pleas as well as certain deferred-adjudication and first-offender arrangements in which judgment has been withheld.

That means:

“You won’t have a traditional conviction on your record” does not necessarily mean “this disposition won’t affect your medical career.”

The professional consequences should be analyzed before the plea is entered.

DEA Registration Can Become a Separate Problem

Criminal cases involving controlled substances create another level of risk for physicians.

Physicians who prescribe controlled substances generally depend upon DEA registration in addition to their state authority.

Federal law gives DEA authority to pursue suspension or revocation of registration on specified grounds, including certain felony controlled-substance convictions and loss of state authority to handle controlled substances. If you receive an Order to Show Cause and Immediate Suspension of Registration, it is imperative to seek legal counsel immediately.

This can be particularly important in cases involving allegations of:

unlawful prescribing, diversion, prescription fraud, controlled substances, pill mills, Schedule II medications, or improper distribution.

For physicians whose specialties depend heavily upon prescribing authority, a DEA problem can make continued practice extremely difficult even if the criminal sentence itself is relatively limited.

Medicare and Medicaid Exclusion Can Be Devastating

Certain criminal convictions can result in exclusion from federal health care programs.

HHS-OIG has mandatory exclusion authority for specified offenses, including certain Medicare and Medicaid fraud offenses, felony health care fraud offenses, patient abuse or neglect offenses, and felony controlled-substance offenses.

Several categories carry a minimum five-year exclusion period.

Other criminal offenses may create grounds for permissive exclusion.

The consequences can extend far beyond a physician’s ability to submit a Medicare claim personally. Federal exclusion rules can prohibit federal health care program payment for services furnished, ordered, or prescribed by an excluded physician.

For physicians whose practices depend on federal health care program reimbursement, exclusion can threaten the economic viability of the practice.

Hospital Privileges and Credentialing May Also Be Affected

Hospitals, medical groups, insurers, and credentialing organizations maintain their own rules concerning criminal matters.

The actual language matters.

There is a significant difference between a policy requiring disclosure of:

an arrest; criminal charges; an indictment; a conviction; or disciplinary action against a medical license.

A physician should not assume either that disclosure is required or that nothing needs to be disclosed.

Conaway & Strickler, PC can assist in reviewing the applicable hospital bylaws, employment agreements, medical-staff policies, credentialing applications, and insurance agreements.

The National Practitioner Data Bank Can Follow a Physician for Years

Certain licensing actions, clinical-privilege actions, exclusions, and health-care-related criminal convictions can be reported to the National Practitioner Data Bank.

An arrest alone is not the same thing as an NPDB criminal-conviction report.

But what happens after the arrest may create a reportable event.

That distinction makes the structure of the ultimate criminal disposition particularly important.

Federal Physician Investigations Often Begin Before an Arrest

Many federal investigations involving physicians begin quietly.

The first indication may be:

• an FBI or DEA interview request;
• an HHS-OIG inquiry;
• a grand jury subpoena;
• a search warrant;
• seizure of electronic devices;
• interviews of employees;
• requests for medical or billing records; or
• a federal target letter.

A physician does not need to wait for an indictment to retain criminal defense counsel.

The pre-indictment period may provide important opportunities to investigate the allegations, preserve favorable evidence, communicate with prosecutors, and identify professional consequences before the case reaches a critical stage.

Physicians Need a Criminal Defense Strategy Designed for Physicians

Medical school. Residency. Fellowship. Board certification. Hospital privileges. DEA registration. A medical practice. Patients.

A physician may have spent decades building a career before a criminal investigation begins.

The defense strategy therefore cannot be limited to:

“How do we keep you out of jail?”

It should also ask:

Can we prevent charges from being filed?

Can the charge be dismissed or defeated?

Is it possible for negotiaion on the wording of the offense or factual basis to reduce collateral consequences?

Could the resolution affect DEA registration?

Could it result in federal health care program exclusion?

Is there an NPDB consequence?

Could it affect hospital privileges or credentialing?

And, critically:

What does it mean for the physician’s Georgia medical license?

That last issue deserves its own analysis. See our related article: Can a Georgia Doctor Lose Their Medical License if Arrested

Georgia Physician Under Investigation? Protect Your Career Before Making Irreversible Decisions.

If you are a physician who has been arrested, indicted, subpoenaed, contacted by federal agents, served with a search warrant, or informed that you are under investigation, obtaining counsel early can matter.

At Conaway & Strickler, P.C., we represent professionals in serious state and federal criminal matters and understand that physicians have professional consequences at stake beyond the criminal courtroom.

Before speaking to your employer or an investigator, or answering a subpoena, it is very important to understand both the criminal and collateral consequences.

Contact Conaway & Strickler, P.C. to discuss your case and the steps that may be available to protect your freedom, your reputation, and your medical career.