Professional License Defense - Conaway & Strickler

DOJ Targets Georgia Laboratory Executives in $13.7 Million Medicare Fraud Case

Conaway & Strickler, P.C. — Sat, 19 Sep 2026 13:38:07 GMT

Experienced Atlanta federal health care fraud attorneys keep track of all of the recent cases in the Northern District of Georgia. This past week, the Department of Justice announced a press release stating they filed a major False Claims Act lawsuit against two former executives of an Atlanta-based clinical laboratory, alleging that they caused Medicare to pay approximately $13.7 million for medically unnecessary genetic and respiratory pathogen testing. In addition, the United States reached settlements with Capstone and its owner, Andrew Maloney, for $14.3 million and with Capstone’s billing company, VitalAxis, Inc. for $300,479 to resolve their potential civil liability under the False Claims Act

For physicians, laboratory owners, health care executives, marketers, and billing professionals, the case carries an important warning:

A Medicare billing investigation can become a federal criminal case.

The September 17, 2026 announcement from the U.S. Attorney’s Office for the Northern District of Georgia involves both civil False Claims Act allegations and a related federal criminal prosecution.

If federal agents, HHS-OIG investigators, or prosecutors are asking questions about your Medicare billing, laboratory testing, physician orders, marketing arrangements, or compensation agreements, the time to develop a defense strategy is before charges are filed—not after an indictment.

DOJ Alleges $13.7 Million in Improper Medicare Laboratory Payments

The United States filed a False Claims Act complaint against former Capstone Diagnostics executives Jay Johnson and Austin Whiles, along with associated entities.

Johnson served as Capstone’s Chief Operating Officer and Chief Executive Officer. Whiles served as Chief Sales Officer and Vice President of Business Development.

According to DOJ, the defendants allegedly participated in two schemes between 2019 and 2021 that caused Medicare to reimburse approximately $13.7 million for genetic and respiratory pathogen panel testing that the government contends was not medically necessary.

These are allegations. The civil defendants have the right to contest the government’s claims, and the criminal charges against Johnson remain pending.

But the case illustrates the aggressive investigative theories federal authorities may use when scrutinizing laboratory billing.

Genetic Testing at Churches and Religious Conferences

The first alleged scheme involves genetic testing performed at church-sponsored health fairs and religious conferences.

DOJ alleges that attendees were swabbed for genetic testing and that large amounts of testing were subsequently billed to Medicare even though treating physicians had not requested the tests.

According to the government’s allegations, physician names, signatures, standing orders, and other paperwork were used without authorization to make the tests appear properly ordered and medically necessary.

For laboratories and health care providers, these allegations highlight several issues that frequently become central to federal investigations:

Who actually ordered the test?
Did the ordering provider determine that the test was medically necessary for the individual patient?
Who selected the diagnosis codes?
Were standing orders permissible and properly documented?
Did sales or marketing personnel participate in the ordering process?
Were physician signatures copied, reused, or electronically applied?
Did compensation depend on testing volume?
Did anyone receive payment for referrals?

These questions can determine whether the government views a case as a compliance problem, a False Claims Act matter, or a potential criminal fraud prosecution.

COVID-19 Testing and Respiratory Pathogen Panels

DOJ’s second alleged scheme involves COVID-19 testing performed for senior living communities.

According to the government, Capstone allegedly added respiratory pathogen panels to COVID-19 tests requested by senior communities, increasing Medicare reimbursement.

Federal authorities allege that this involved community-wide or chain-wide standing orders, copied physician signatures, standardized diagnosis codes, orders entered by sales personnel instead of treating providers, and unlawful remuneration allegedly paid in violation of the federal Anti-Kickback Statute.

Those allegations have not been proven.

But they illustrate an increasingly important issue in federal health care investigations: the government may examine the entire process by which a reimbursable test was generated—not merely whether the laboratory actually performed the test.

A Billing Problem Is Not Automatically Health Care Fraud

This distinction is critical.

An incorrect Medicare claim does not automatically establish criminal fraud.

Medicare and Medicaid billing rules are extraordinarily complicated. Billing disputes can arise from coding mistakes, documentation deficiencies, employee errors, medical-necessity disagreements, billing company mistakes, misunderstood guidance, software problems, or competing interpretations of reimbursement requirements.

Criminal health care fraud requires more than simply showing that Medicare should not have paid a claim.

In a criminal case, the government must prove the required criminal intent.

That makes the evidence concerning knowledge and intent extremely important.

Experienced federal defense counsel may examine:

What the client actually knew about the billing practice;
Who developed the challenged procedure;
Whether compliance personnel approved or questioned it;
What physicians and medical personnel understood;
Whether outside consultants or billing companies provided advice;
Whether Medicare guidance was clear at the relevant time;
Whether employees departed from company policies;
Whether potentially unfavorable communications have an innocent context;
Whether the government’s statistical or billing analysis accurately reflects individual claims; and
Whether prosecutors can actually prove that a particular defendant knowingly participated in a fraudulent scheme.

The difference between a reimbursement dispute and a federal felony can turn on these issues.

The Government Is Following the Money

The DOJ announcement also alleges significant financial transactions.

According to the government, Johnson transferred millions of dollars allegedly derived from the schemes to his former wife. DOJ further alleges that Whiles secretly routed approximately $4.75 million in volume-based commissions from independent marketers to himself.

Financial evidence frequently becomes a major component of federal health care fraud investigations.

Investigators may subpoena or seize:

Bank accounts. Emails. Text messages. Marketing agreements. Compensation records. Physician orders. Patient records. Billing data. Electronic health records. Corporate records. Tax returns. Cell phones. Computers. Tax returns are especially useful in their investigations as tax fraud can be another potential charge in these type of cases.

Still, the government may then attempt to use those records to construct a narrative about who knew what and who financially benefited. It is crucial to not co-mingle business funds with personal funds in these types of situations.

These are reasons why retaining defense counsel early is so important. We work together with you and begin an independent analysis of the situation as early as possible.

Anti-Kickback Allegations Can Turn a Civil Investigation Into a Criminal Case

The federal Anti-Kickback Statute creates particularly serious exposure for health care providers and businesses receiving federal program reimbursement.

The statute generally prohibits knowingly and willfully offering, paying, soliciting, or receiving remuneration to induce or reward referrals involving items or services reimbursable by federal health care programs.

Marketing arrangements can receive heightened scrutiny when compensation is tied to testing volume, collections, referrals, or federal health care program business.

A questionable compensation arrangement may expose individuals and companies to multiple theories of liability, including:

Anti-Kickback Statute violations, False Claims Act liability, health care fraud, wire fraud, conspiracy, and exclusion from federal health care programs.

The precise facts matter. Legitimate marketing and compensation arrangements exist, and the existence of a payment does not itself establish a criminal kickback.

The Same Investigation Can Produce Civil and Criminal Cases

The Capstone matter demonstrates how civil and criminal health care enforcement can overlap.

DOJ reports that Johnson was separately indicted by a federal grand jury in December 2025 on charges of:

Conspiracy to commit health care and wire fraud;
Health care fraud;
Wire fraud;
Conspiracy to receive and pay kickbacks; and
Payment of kickbacks in connection with a federal health care program.

Those charges are pending. An indictment is an accusation, not evidence of guilt, and Johnson is presumed innocent unless and until proven guilty.

For anyone involved in a federal health care investigation, however, the parallel proceedings demonstrate why it can be dangerous to assume that an investigation is “only civil.”

Statements made during a civil investigation can potentially have consequences in a criminal investigation.

The Investigation Started With a Whistleblower

The case also demonstrates the power of the False Claims Act’s qui tam, or whistleblower, provisions.

According to DOJ, former Capstone laboratory manager Jesse Allen filed the underlying False Claims Act lawsuit. The federal government subsequently intervened in the case on September 4, 2026.

Employees and former employees can possess enormous amounts of information about a health care company’s billing practices, compliance procedures, internal communications, and corporate decision-making.

An employment dispute or internal compliance complaint can therefore develop into something much larger:

A whistleblower complaint. A Civil Investigative Demand. An HHS-OIG investigation. A federal grand jury investigation. And, potentially, a criminal indictment.

Has the FBI or HHS-OIG Contacted You?

One of the most important decisions in a federal investigation may occur before anyone has been charged.

Federal agents sometimes approach executives, physicians, employees, marketers, and other witnesses unexpectedly and ask to “just ask a few questions.”

You are not required to navigate that encounter alone.

If agents want to interview you about Medicare billing, health care claims, laboratory testing, kickbacks, physician referrals, or another potential federal offense, speaking with experienced federal criminal defense counsel before participating in an interview can be critical.

The same is true if you receive:

A federal grand jury subpoena;
A Civil Investigative Demand;
An HHS-OIG subpoena;
A search warrant;
A request for billing or patient records;
A Medicare payment suspension;
A target letter;
A request for an FBI interview; or
Information that employees or business partners are being questioned.

Do not assume that receiving a subpoena means you are merely a witness.

Your lawyer can contact the prosecutor or investigating agency, determine what information can be obtained about your status, evaluate potential exposure, preserve favorable evidence, and develop a strategy before critical decisions are made.

Frequently Asked Questions About Federal Health Care Fraud Investigations

What should I do if the FBI or HHS-OIG wants to interview me?

Before agreeing to an interview, consider speaking with a federal criminal defense attorney.

Statements to federal investigators can become important evidence in a later prosecution. Even when the underlying conduct is not criminal, knowingly making a materially false statement to federal investigators can itself create potential criminal exposure.

Counsel can communicate with investigators, obtain available information concerning the investigation, prepare you for an interview when appropriate, or advise you whether participating is in your interests.

Does receiving a federal grand jury subpoena mean I am under investigation?

Not necessarily.

A subpoena may be issued to a witness, records custodian, subject, target, company, physician, laboratory, or other person possessing relevant evidence.

But a subpoena should never be ignored.

An experienced federal defense attorney can review its scope, communicate with prosecutors, determine whether responsive material raises additional concerns, and evaluate whether the subpoena provides clues about the government’s investigative theory.

Can Medicare billing errors lead to criminal charges?

They can, but a billing error is not automatically a crime.

The critical issues often include what happened, who was responsible, what the defendant knew, and whether prosecutors can prove the required fraudulent intent.

A strong defense may require detailed analysis of individual claims, Medicare rules, medical records, coding decisions, corporate responsibilities, and communications among providers, laboratories, billing personnel, and marketers.

What is the difference between the False Claims Act and criminal health care fraud?

The False Claims Act is primarily a civil enforcement statute that allows the government to pursue false or fraudulent claims for federal funds and potentially obtain substantial damages and penalties.

Criminal health care fraud involves criminal prosecution and can expose a defendant to imprisonment, fines, restitution, forfeiture, and other consequences.

The same underlying conduct can sometimes generate both civil and criminal investigations.

Can a kickback allegation become a criminal case?

Yes.

The federal Anti-Kickback Statute contains criminal provisions. Federal prosecutors may investigate compensation arrangements involving physicians, marketers, laboratories, pharmacies, durable medical equipment companies, telemedicine providers, and other participants in federal health care programs.

Whether an arrangement violates the law depends on the specific facts and applicable statutory and regulatory requirements.

What if my billing company submitted the claims?

Using a third-party billing company does not necessarily end the inquiry.

The government may investigate what information was provided to the billing company, who selected codes, who established billing protocols, what executives knew, whether concerns were raised, and how responsibilities were allocated.

At the same time, evidence showing that a client reasonably relied on professionals, lacked knowledge of improper billing, or did not participate in challenged decisions may be highly relevant to the defense.

When should I hire a federal health care fraud lawyer?

Ideally, before speaking with federal investigators or producing potentially sensitive materials in response to a subpoena.

Pre-indictment representation can give defense counsel an opportunity to understand the government’s theory, identify weaknesses in the allegations, preserve evidence, investigate witnesses, analyze claims data, address potentially misleading information, and advocate for the client before prosecutors make a charging decision.

Under Federal Investigation? Contact Conaway & Strickler Before You Talk to Investigators.

When the Department of Justice, FBI, HHS-OIG, or a U.S. Attorney’s Office begins investigating health care fraud, the consequences can extend far beyond repayment of disputed Medicare claims.

Your business, professional license, assets, reputation, and freedom may all be at stake.

Conaway & Strickler, P.C. represents individuals and businesses in complex federal criminal investigations and prosecutions in Atlanta, throughout Georgia, and across the United States.

Our federal criminal defense attorneys represent physicians, health care professionals, business owners, executives, laboratories, marketers, and other individuals facing government investigations involving Medicare fraud, Medicaid fraud, health care fraud, the Anti-Kickback Statute, False Claims Act allegations, wire fraud, conspiracy, and related federal offenses.

If you have received a subpoena, been contacted by federal agents, learned that your employees or business associates are being interviewed, or believe that you may be the subject or target of a federal health care investigation, do not wait for an indictment to begin building your defense.

Contact Conaway & Strickler, P.C. to speak with an experienced federal criminal defense attorney about protecting your rights and developing a strategy before critical decisions are made.

Why it is Important to have Professional License Defense

Conaway & Strickler, P.C. — Fri, 19 Sep 2025 17:19:02 GMT

Professional license defense is vital. Various professionals must have a valid, active license. When there are allegations of an arrest, substance abuse issues, misconduct or compliance failures, this can lead to disciplinary actions. Understanding what is involved and knowing how to navigate this is crucial for any professional facing such challenges.

Over the past three decades, Conaway & Strickler, PC has represented physicians, nurses, dentists, CPAs, chiropractors, financial advisors, educators, lawyers, and many others. The list of licenses for the state of Georgia shows how many professionals rely on licensure for their livelihood. We provide strong defenses to protect your professional license and preserve your reputation and career longevity.

It is important to contact Conaway & Strickler, PC very early on so that we can make strategic steps to protect your livelihood. For example, a physician who is facing allegations of misconduct may face suspension, probation or revocation. It is important to have experienced legal counsel to effectively navigate these uncertain waters.

Here is a list of the top 10 of the Most Common Disciplinary Actions Against Healthcare Professionals published recently by GCMB. It helps explain some common pitfalls and responsibilities outlined by
the GCMB.

If you are facing any issues with your professional license, we are here to help.

Trends in Healthcare Fraud Enforcement

Law Office of Conaway & Strickler — Wed, 09 Jul 2025 13:52:00 GMT

The DOJ boasted their record-breaking 2025 healthcare fraud take down in a recent press release that we discussed more generally in another blog post. This post focuses on some of the specific actions taken by the government and highlights the trends across enforcement.

DME Fraud

Durable Medical Equipment (DME) fraud remains a cornerstone of federal enforcement as seen in the recent takedown. An indictment in the Western District of New York charges a medical doctor with billing roughly $29.6 million for fictious DME and $5.6 million for audio-only telehealth visits, which were brief or never occurred. That doctor produced and maintained false and fictitious medical records and fraudulently certified orders for braces without regard to medical necessity. The doctor now faces federal criminal charges of conspiracy to commit health care fraud, health care fraud, and false statements relating to health care matters.

In “Operation Gold Rush,” prosecutors in the Eastern District of New York indicted 11 defendants, including two pharmacists, members of a transnational criminal organization based in Russia and Eastern Europe. These individuals allegedly orchestrated a massive Medicare fraud and money-laundering scheme that billed over $10.6 billion to federal health programs—making it the largest case by loss amount ever charged by the DOJ. The group used foreign straw owners to acquire dozens of U.S.-based DME suppliers, then submitted fraudulent claims for equipment such as urinary catheters and glucose monitors that never delivered, exploiting stolen identities and confidential patient data. To date, 19 defendants have been charged in the case, including multiple arrests abroad (Estonia) and at U.S. entry points.

COVID-19 Testing Kickbacks

COVID-19 testing kickback schemes typically involve health care providers or marketers billing Medicare for over-the-counter or lab-based COVID-19 tests that were unnecessary, never provided, or obtained through illicit referrals. These cases often rely on the same core tactics as DME fraud: using stolen or misused patient information, paying illegal kickbacks for referrals, and submitting inflated or false claims to federal programs. In both types of fraud, the perpetrators exploit gaps in oversight during high-demand periods—such as the pandemic or public health emergencies—to rapidly bill large amounts to Medicare, often with little or no patient interaction or verification.

These 2025 takedown includes criminal indictments and civil settlement agreements targeting this type of COVID-19 fraud. An indictment out of Illinois charged multiple individuals, including a physician, for their roles in a kickback scheme. According to the indictment, the defendants caused laboratories in Illinois and Texas to submit fraudulent claims to the HRSA COVID-19 Uninsured Program, ultimately receiving over $293 million in payments. The physician involved allegedly misused patient information—including data from a former hospital employer—to falsely claim that uninsured individuals had submitted samples for COVID-19 testing. In reality, many of the patients had not submitted samples at all. Defendants submitted claims through Texas labs they owned, despite those labs being non-operational. The proceeds were then laundered through various financial accounts to disguise the funds’ origin. Charges include wire fraud, conspiracy to commit money laundering, HIPAA violations, and conspiracy to defraud the United States. Authorities have seized a Rolls Royce Phantom and more than $104 million in assets linked to the fraud.

The charges being brought by the federal government in these cases carry significant criminal penalties and collateral consequences, especially for licensed medical professionals. At Conaway & Strickler, we are highly experienced in defending against these types of claims. Contact us to schedule a consultation and discuss your case.

Largest U.S. Health Care Fraud Takedown: 324 Charged, $14.6 B Alleged Loss

Law Office of Conaway & Strickler — Tue, 01 Jul 2025 13:49:00 GMT

On June 30, 2025, the Department of Justice announced its largest-ever National Health Care Fraud Takedown, unveiling criminal charges against 324 individuals, including 96 doctors, nurse practitioners, pharmacists, and other licensed medical professionals across 50 federal districts and 12 state attorney general offices. The alleged schemes involved over $14.6 billion in intended losses—a record more than double the previous $6 billion takedown

The DOJ’s Health Care Fraud Unit coordinated the investigation with the help of strike forces across the nation. Key aspects of the historical take down include the following:

Enormous monetary scale: Again, the federal government alleges $14.6 billion in intended losses in total across the criminal cases. Law enforcement has already seized $245 million in cash, luxury vehicles, cryptocurrency, and assets from alleged fraudsters. The Centers for Medicare and Medicaid Services (CMS) also proactively prevented $4 billion in fraudulent payments, suspended billing privileges of 205 providers.
Civil charges and settlements: In addition to criminal charges being levied, law enforcement has also sought civil penalties from other providers and medical professionals. This includes civil charges against 20 defendants for $14.2 million in alleged fraud, as well as civil settlements with 106 defendants totaling $34.3 million.
Transnational criminal networks: A major component—Operation Gold Rush—alleges a global ring used foreign straw owners to submit $10.6 billion in false claims for durable medical equipment. Though CMS blocked all but ~$41 million in Medicare payouts, insurers received about $900  Individuals abroad and co-conspirators in the U.S. used encrypted messaging and assumed identities to facilitate the purchase of medical supply companies and subsequent fraud by exploiting the stolen identities of over one million Americans spanning all 50 states and using their confidential medical information to submit the fraudulent claims.
Telemarketing/genetic testing schemes: One $703 million scheme involved deceptive telemarketing, AI-generated “consent” calls, and stolen Medicare IDs—all to bill labs and DME suppliers
Wound-care fraud on vulnerable patients: Roughly $1.1 billion in fraudulent Medicare submissions for amniotic allografts were applied to terminally‑ill or hospice patients, without medical need or oversight
Opioid prescription diversion: 74 defendants, including 44 medical professionals, are accused of diverting over 15 million pills (e.g., oxycodone, hydrocodone), feeding the illegal drug trade
Genetic testing & telemedicine: At least 49 defendants were tied to over $1.17 billion in telemedicine/genetic testing fraud, a key enforcement focus of the Takedown.

These are just some of the schemes and methods alleged as health care fraud. Additional cases totaling approximately $1.84 billion involved medically unnecessary tests and treatments, kickbacks, and stolen controlled substances. DOJ’s Health Care Fraud Unit, along with FBI, HHS‑OIG, DEA, CMS, and state AGs, led this nationwide operation. The Government was able to leverage cloud computing, artificial intelligence, and advanced analytics to identify emerging health care fraud schemes. Specifically, a new Data Fusion Center used AI to spot suspicious billing patterns

Professionals in the medical industry could face disruptions based on these trends. Individuals could be criminally indicted despite a lack of financial gain for any peripheral involvement in these schemes. With over 205 providers with billing privileges already suspended or revoked, firms must evaluate billing practices and ensure compliance before audits or criminal actions escalate. Medical professionals and individuals in the industry should be proactive in address any potential problems. Assessing practices through comprehensive billing audits, tightening consent documentation and patient qualification protocols, and reviewing prescribing practices are key to ensuring compliance.

Given the unprecedented scope of this takedown, anyone involved in Medicare/Medicaid billing—especially in telemedicine, genetic testing, wound care, DME supply, opioid prescribing—should evaluate their practices now. Protecting your license, assets, and reputation hinges on early legal counsel, transparent operations, and robust documentation. Upon any contact from law enforcement, individuals should secure legal counsel immediately. The presumption of innocence matters, and charges are allegations—not convictions. Early intervention and strong representation can shift outcomes. Medical providers should document everything diligently. Medical necessity, patient consent, referrals, and codes must be in writing and defensible.

Even if charges carry potential fines or incarceration, negotiated resolutions mitigating those consequences are viable. At Conaway & Strickler, we are highly experienced in federal health care fraud cases. Contact us to discuss your situation confidentially—we’re here to protect your rights and your future.

Professional License Defense – Physical Therapists

Law Office of Conaway & Strickler — Sun, 08 Jun 2025 13:47:00 GMT

Conaway & Strickler, PC handles assisting clients who face issues with the Georgia State Board of Physical Therapy

We have handled many licensing issues including: (but NOT limited to)

-If you have been arrested for a DUI or any type of illegal substance, the Board will want to know. It is always a good idea to have an attorney assist you in notifying the Board and keeping them abreast of your criminal case and dealing with resolving any issues with the Board caused by the arrest

-If you have already received a disciplinary action, call us immediately, so we can help you navigate through the process which includes, potentially, a formal investigation, ALJ hearing and/or appeal

-If you failed to disclose prior issues and the Board is now contacting you

-If you have been accused of sexual misconduct

-If you have tried to renew or register and are having issues with the new State of Georgia’s licensing system called GOALS

The Georgia State Board of Physical Therapy has the authority to investigate and discipline licensees based on criminal conduct, even if it’s unrelated to your clinical practice. For example, a single criminal charge, including DUI, drug offenses, or fraud, can trigger a Board review that could lead to suspension or permanent revocation of your license. Once the Board is notified of criminal activity, they can open an investigation, require a response, and possibly schedule a hearing. Any disciplinary action they take becomes public record, damaging your reputation and threatening your ability to earn a living. Trying to navigate both a criminal case and a professional license investigation at the same time is overwhelming—and risky without the right legal defense. At Conaway & Strickler, we defend licensed professionals facing criminal charges and protect their right to practice. We understand how the Georgia State Board operates and how criminal accusations can escalate into professional consequences. If you’re on the verge of losing your license, don’t wait. Contact us now so we can fight for you and your future in physical therapy.

Collateral Consequences of a Physician’s Arrest

Law Office of Conaway & Strickler — Fri, 17 Jan 2025 14:33:00 GMT

Physicians who are arrested face a multitude of other issues. They will face possible termination from their job. But, also they will face issues with the Georgia Composite Board. It is very important to understand that those who are arrested may hire a firm like us and enter into an informal resolution to avoid formal proceedings, additional costs, and potentially more severe sanctions with the Composite Board. It is important to be aware of other possible consequences of such stipulations, including the following:

NPDB Reports. Licensing boards are generally required to report such these informal agreements involving physicians to the National Practitioners Data Bank (“NPDB”). (See45 CFR § 60.8). Hospitals and other entities are required or permitted to check the NPDB during the physician credentialing process. An NPDB report can permanently tarnish a physician’s record and career, unless it is removed, and it may also result in the additional actions outlined below.
Reciprocal Actions by Other State Licensing Boards. Many if not all state licensing boards automatically impose reciprocal sanctions against providers who were sanctioned in another state; thus, the action in one state may result in similar actions in other states in which the provider is licensed. That, of course, compounds the physician’s problems.
Adverse Action by Other Agencies. Other agencies may initiate their own investigation based on the board’s order. For example, an order with terms relevant to prescribing practices can trigger an investigation by the state pharmacy board. A stipulation involving inappropriate conduct with the patient might lead to criminal charges by the local law enforcement agency. Although such collateral investigations are fairly rare and are usually limited to situations involving egregious facts, there is no guarantee that the physician will be able to avoid lengthy and costly investigations or proceedings by other agencies.
Adverse Employment Action. Employment contracts often condition employment on an unrestricted license and require the provider to disclose or represent that the provider has not been the subject of adverse licensure action. Depending on the language of the contract and the mood of the employer, a seemingly innocuous board order may result in loss of employment. At the very least, it will likely undermine the provider’s position with the employer.
Adverse Credentialing Actions. Like employment contracts, hospitals or other facilities consider adverse licensure actions in their credentialing decisions. Depending on the medical staff bylaws and credentialing policies, licensure stipulations may allow the hospital or facility to deny, suspend, restrict, or terminate a provider’s medical staff membership or privileges, thereby limiting the provider’s practice options. Such adverse credentialing actions may also adversely affect the physician’s employment or relationships with payers who are affiliated with the hospital.
Adverse Publicity. In most states, the licensing board is permitted or required to publish the action. Colleagues, patients and others in the community are likely to learn of the stipulation, resulting in professional embarrassment, diminished reputation, and loss of business.
Malpractice Insurance. Depending on underwriting requirements, a board order may adversely affect the provider’s ability to secure or maintain professional liability insurance or the premiums charged for such insurance.
Litigation. Finally, the stipulation may result in civil lawsuits. The stipulation may spark suits by plaintiffs affected by the underlying concerns. In addition, plaintiffs’ lawyers may attempt to use the stipulation in subsequent litigation against the provider. Even though the stipulation will likely be irrelevant and inadmissible to most malpractice cases, it can still cause discomfort and increase the costs of defense.

Given the potential penalties, providers should carefully consider the consequences of any consent order entered into with the Board. If there is no effective defense to the allegations, the provider may have little choice but to agree to an appropriate stipulation to minimize costs and avoid potentially worse sanction; however, the provider should attempt to negotiate the terms in the stipulation to minimize his or her exposure. For example, the board might be willing to agree to a private censure or public reprimand instead of imposing restrictions or conditions on licensure. Alternatively, the provider might be able to modify the stipulation to confirm that it does not constitute a restriction on the license, does not limit the physician’s practice, and there was no harm or risk to patients. The provider might try to include other provisions that mitigate the harm or minimize the need for future disclosures. As appropriate, the provider should work with a knowledgeable attorney to help evaluate the risks and craft the stipulation in a manner to minimize the damage it will undoubtedly cause. For a consultation, contact us today.

Nursing License Defense FAQs

Law Office of Conaway & Strickler — Fri, 25 Oct 2024 18:19:47 GMT

As a nurse, your license is one of your most valuable assets. Yet, complaints or accusations against you could jeopardize your ability to practice. At Conaway & Strickler, P.C., we understand the gravity of these situations and are here to help. Attorney Meg Strickler is experienced license defense attorney who has handled these issues for years. Below are some questions and answers that will help you navigate any issues you might having with the Nursing Board.

Question: What types of issues come before the State of Georgia Nursing Board?

Answer: Below are some common issues the Board handles. Many of these issues may overlap, as most of this conduct also constitutes a crime.

Mishandling/misuse of drugs. This includes diverting medications intended for patients, taking medications for your own use, failing to document or inventory medications correctly, or submitting unauthorized prescriptions to pharmacies.
Sexual misconduct. This could include allegations of inappropriate sexual relationships with patients or sexually harassing colleagues.
Patient abuse or neglect. If a nurse physically, verbally, or mentally abuses a patient, or fails to provide them with timely or sufficient treatment, this could result in the loss of the nurse’s license.
Fraud. This may include allegations of falsifying patient records, misrepresenting credentials like education credits or diplomas, sending incorrect or inflated bills to insurance companies, etc.
Criminal convictions. Many convictions can disqualify nurses from practicing (such as driving under the influence or drug possession). Importantly, you can also lose your license if you do not disclose a past conviction (see below for more on the license renewal process).

Question: What happens when a complaint is filed against you?

Answer: If a complaint is filed against you with the board of nursing, the Board will review the complaint and open an investigation. If the allegations are serious, the board can issue an emergency temporary suspension of your license during the disciplinary process. Depending on the allegations, an investigator may be appointed to gather all necessary information, including documents, witness testimony, etc. The board may also ask you to submit a written response to the allegations in the complaint, along with any supporting evidence. The board will then decide whether there is enough evidence to support the allegations against you and move forward.

The Board may offer a consent order, allowing you to accept penalties without a formal hearing. The consent order typically involves admission to the wrongdoing and submitting to the disciplinary action recommended. If you decline, a formal hearing will be held, and disciplinary actions may follow. If no consent order is agreed to, you will be asked to appear at a formal hearing to defend yourself against the charges. After the hearing, the board will make a final determination. This could range from public reprimand to the suspension or revocation of your license. Even a minor disciplinary action can become a matter of public record, affecting your career and permanent reputation. It is critical to have a qualified attorney guiding you through this process.

Question: Why hire a nursing license defense attorney?

Answer: When a complaint is filed against you, the board of nursing does not consider you innocent until proven guilty, immediately putting you at a disadvantage. The Nursing Board’s primary goal is to protect the public, not defend nurses. With your career at stake, navigating the complexities of an investigation without legal assistance can be risky. Retaining a nursing license defense attorney ensures that your rights are protected, representing your best interests every step of the way.

Question: What if you are concerned about the license renewing process?

Answer: If you’ve been arrested or convicted since your last renewal, you need to proactively address these issues with the board. Building a mitigation packet and addressing any concerns early can significantly increase your chances of renewing your license without penalties. At Conaway & Strickle, PC, we are experienced in working with professionals to mitigate adverse Board actions related to arrests, substance abuse, and mental health issues. We can assist with not only getting your criminal case reduced or dismissed, but also renewing your license without sanctions.

Question: How can a DUI affect your nursing license in Georgia?

Answer: A DUI conviction in Georgia can result in probation and other penalties, such as random alcohol screenings, mental health evaluations, and restrictions on your nursing practice. These probationary conditions can last for years, depending on the severity of the case.

Below is a list of common probationary conditions that can be place on you following a DUI or an impaired driving under the influence of drugs charge in Georgia.

Three years minimum probation (must be three years of continuous compliance, so the probationary period could be extended if you slip up)
Psychotherapy Evaluation by a physician board certified in addiction medicine
Psychotherapy Course of Treatment completion
Quarterly Reports from Psychotherapist
Mental and Physical Evaluation, with favorable finding pertaining to ability to perform duties
Continuing Education Coursework
Quarterly Reports from Employer
Quarterly Reports from yourself
Quarterly Reports from a Substance Abuse Treatment Aftercare program approved by the Board of Nursing
Monthly PEth (blood alcohol) testing for first 12 months
Bi-monthly random urine drug screens for duration of probationary period
Random alcohol screens
Enrollment in an Affinity Program, like the one offered by the Georgia Nurses Association
Restrictions on nursing practice, often including an inability to practice in the following areas without prior Board of Nursing Approval: Agency/Pool Assignments; Private Duty Nursing; In-Home Nursing; Internal Float Pools; Travel Nursing; In-Home Hospice.
Abstaining from alcohol, and mood-altering substances, including controlled substances unless prescribed.
If prescribed any medication, providing a letter from the prescriber to both the Board of Nursing and the treatment/aftercare provider within 10-days of receiving such subscription.

Conclusion

If you’re facing challenges related to your nursing license, it’s important to act quickly. With the complexities of nursing board investigations and the potential damage to your reputation, having an experienced nursing license defense attorney is crucial. For more information, contact us today.

The Georgia Composite Medical Board & Professional License Defense

Conaway & Strickler, P.C. — Mon, 09 Sep 2024 21:19:07 GMT

The Georgia Composite Medical Board is the state organization that monitors physicians and other medical professionals through its licensing and disciplinary policies. The purpose of the Board is to safeguard public health by ensuring proper licensing procedures and regulating healthcare professionals.

Who makes up the Composite Board? The Board is made up of fifteen members appointed by the Governor. Thirteen of those members are physicians, and two of those members are public representatives who have no ties to medicine. Each Board member typically serves a four-year term.

What does the Board do? The Board’s functions include screening candidates for licensure, issuing licenses to qualified professionals, developing rules and guidelines for healthcare practice, and disciplining licensees when necessary. In Georgia, the Composite Board licenses and monitors healthcare professionals including the following: Medical doctors (MDs), Doctors of osteopathic medicine (DOs), Physician assistants (PAs), Anesthesiologist assistants (AAs), Acupuncturists, and pain management clinics. However, the Composite Board does not license or regulate podiatrists, chiropractors, dentists, marriage and family therapists, social workers, professional counselors, physical therapists, registered nurses, or licensed practical nurses – those professions are regulated by the Office of the Secretary of State.

As a healthcare professional, should you retain a lawyer for interacting with the Board? When your professional license could be at stake, an experienced attorney can assist you with navigating the Board’s procedures and hearings. For licensing applicants, there may be issues from the past that require disclosure to the Board. For example, while a past criminal conviction will not necessarily prevent an applicant from obtaining a healthcare license, the failure to make an adequate and timely disclosure could jeopardize licensure and require a hearing before the Board. For licensed healthcare professionals, the Board will handle challenges to your license that arise from allegations of any professional or criminal misconduct. Once the Board has notified you of a pending disciplinary action, consulting with legal counsel is crucial to best protect your license and career.

At Conaway & Strickler, we have experience representing healthcare professionals before the Board in matters including the disclosure and mitigation of criminal issues and the defense of alleged professional misconduct. If your healthcare license is at stake, our attorneys can help guide you through the process of safeguarding your career. Schedule a free consultation to discuss potential issues facing your professional license.

Protecting your career: Professional License Defense

Conaway & Strickler, P.C. — Thu, 05 Sep 2024 16:40:19 GMT

In many fields, maintaining a professional license is crucial for career advancement and job security. Physicians, surgeons, nurses, pharmaceutical technicians and other professionals spend years training before becoming licensed and employed. However, allegations of misconduct, incompetence, or violations of professional standards can jeopardize this license and your livelihood. Understanding how to navigate a professional license defense is essential. At Conaway & Strickler, we are experienced in professional license defense and assisting clients with protecting their careers.

If your professional license is under review, you may be facing disciplinary action, suspension, or even revocation of your license. Professionals can face license challenges due to various reasons, including allegations of unethical behavior, negligence, or non-compliance with industry standards. Common grounds for disciplinary action in this context includes the following:

Negligence or Malpractice:Claims that a professional has failed to meet the appropriate standard of care.
Ethical Violations:Breaches of professional codes of conduct or ethical guidelines.
Criminal Charges:Convictions that impact one’s suitability for professional practice. Generally, a criminal charge will almost always bring a professional license under review.
Substance Abuse:Issues related to addiction or impairment affecting professional duties. This can arise simply from reports of substance abuse made to the licensing board, or a criminal charge related to substance abuse (DUI, unlawful possession of controlled substances, etc.).
Fraud or Misrepresentation:Instances of dishonesty or deceptive practices. Again, this can stem from criminal charges or arise in the context of reports/evidence of fraud or misrepresentation.

The applicable licensing board often initiates the process for disciplinary action once a complaint has been filed. In some circumstances, such as pending criminal charges, it may be mandatory for the professional to self-report to the Board. This varies by state and different professional licenses have different requirements.

Following the initial notification, the Board conducts an investigation to gather evidence and determine if there is a basis for formal charges. It is crucial to respond promptly and thoroughly to any allegations. An experienced attorney can help you gather evidence, prepare statements, and formulate a defense strategy. Sometimes, it may be possible to resolve the matter through negotiation or a settlement, which can mitigate the impact on your license. If the case proceeds to a formal hearing, working closely with an attorney to present a robust defense is essential. This may involve testimony, evidence presentation, and cross-examination.

Hiring a skilled attorney is the best way to protect your career once your professional license has been challenged. At Conaway and Strickler, we have a proven track record in defending professional licenses can provide valuable insights and strategies for your case. Each case is unique, and we offer a personalized approach to understanding the specifics of your situation and providing customized legal solutions.Facing a challenge to your professional license can be a daunting experience, but with the right legal representation, you can navigate the process with confidence. Understanding the procedures, common issues, and having an attorney by your side can make a significant difference in the outcome of your case.

If you are facing allegations or disciplinary actions affecting your professional license in Georgia, contact our firm today to safeguard your career and future. Our experienced attorneys are here to help you defend your professional license. Schedule a consultation with us to discuss your case and explore your legal options.

Are you facing an Investigation from the Georgia Composite Medical Board?

Conaway & Strickler, P.C. — Fri, 23 Aug 2024 16:39:03 GMT

The Georgia Composite Medical Board (GCMB) is the licensing agency for physicians, physician assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, auricular (ear) detoxification specialists, residency training permits, cosmetic laser practitioners, pain management clinics and medical geneticist. The Medical Board investigates complaints and disciplines those who violate The Medical Practice Act or other laws governing the professional behavior of its licensees. Unprofessional conduct is often cited as an issue for physicians and physician assistants.

What happens when the Medical Board investigates you? First, a complaint is filed. The Board will reach out to you and let the you know of the existence of the complaint and ask for a response. This is where you immediately need to seek out legal advice. At Conaway & Strickler, PC we have attorneys very versed on the intricacies of the complaint process. Once the Investigative Committee reviews the complaint and response, they can recommend a variety of options ranging from closing the case to disciplinary action. It is imperative that you and your lawyer really work with the Investigative Committee to ensure they know all of the facts and circumstances to ensure the best resolution.

Cases are resolved in three main ways – closure, private action or public action. The public action is a notation on the GCMB web site.

Health Care Prosecutions Heat Up along with the Summer Temperatures

Conaway & Strickler, P.C. — Sun, 30 Jun 2024 01:42:11 GMT

The DOJ just announced more successes in health care prosecutions involving approximately $2.75 billion in intended losses and $1.6 billion in actual losses. The case descriptions are varied, but the main jist is the same: the DOJ is utilizing nationwide efforts to crack down on health care fraud. Attorney General Merrick Garland stated that law enforcement has been working hard across 32 federal districts, and has filed charges against 193 defendants, for their roles in health care fraud schemes.

But, also he made sure to point out that in addition to the charges and arrests being announced, that the government also seized over $230 million in cash, luxury vehicles, gold, and other assets in connection with these cases.

The government comes after you with search warrants, warrants to freeze and seize your assets and subpoenas for your records. Do not attempt to deal with these things alone Contact us so we can protect your license, your livelihood and your assets.

FAQ for Georgia Nursing License Issues

Conaway & Strickler, P.C. — Sun, 01 Oct 2023 18:09:10 GMT

What does the Georgia Board of Nursing Regulate?

The Georgia Nursing Board regulates:

Licensed practical nurses (LPNs) Registered nurses (RNs) Nurse practitioners (NPs) Certified registered nurse anesthetists (CRNAs) Clinical nurse specialists (CNSs)

Certified nurse midwives (CNMs) and Certified Nurse Specialist and Psych/Mental Health NP (CNS – PMH)

What if I have been arrested?

If you have been arrested in GA or another state, you must report it. So whether you have made a court appearance or not, or whether the charge was ultimately reduced or even dismissed your case, you still must report the arrest to the Board of Nursing when you apply to renew your license. The question generally asked, upon renewal, is something like, “Since the date of initial licensure or your last renewal, have you been arrested?” Contact us to discuss how and when to answer this properly. It is much better to answer this properly the first time.

What if I have been arrested for a DUI?

A DUI is a misdemeanor offense in GA and thus arrests for a DUI must be reported. In the context of a DUI arrest, it is also very important in your explanation that you go through detail of what occurred so that the Board can adequately address any substance abuse issues they might be worried about. Note, that again, it is super important to be careful on what is written in this narrative. A false or misleading statement to the Board can result in more problems that only exacerbate the issue.

What if substance abuse has been alleged?

If an investigation has been initiated against you because you are suspected of drug or alcohol dependency, you need to take this very seriously.

What is a crime of moral turpitude?

Being convicted of a crime of moral turpitude will automatically require the Board to get involved and potentially deny renewal of your license. The Georgia Nursing Board doesn’t specifically list out what a crime of moral turpitude is. Generally, they are cases involving violence (simple battery, child cruelty, aggravated assault…), fraud, drug possession, etc. This is not an inclusive list. Please feel free to contact us for further information.

What is the Georgia Board of Nursing Investigation Process?

(NOTE: the Board will, on its own, send investigation letters in reference to finding about unreported convictions) Otherwise, the process generally begins by the Board receiving a complaint. It can be from a coworker sent anonymously, or an employer, or perhaps a patient. Once the Board receives the complaint, it is investigated and you are notified of the complaint and are asked for your version of the event(s).

Should you receive a letter from the board for any reason, contact us to discuss your options. Do not call the Board and ask for more detail. The call is always recorded. Also, do not just agree to a proposed consent order requiring you to do a plethora of things to keep your license, put you on probation, suspend your license etc. Contact us so we can ensure that all options are explored and all issues are properly resolved.

If things are not resolved, they may ask to meet in person in Macon. This could be an informal meeting OR the Board may request a formal Disciplinary Hearing. It is imperative to hire a lawyer at this stage.

Meg Strickler has handled many cases before the Board. She has represented nurses charged with diversion of narcotics, nurses charged with DUIs, and nurses that were under investigation for various other issues,. She has always gotten excellent results. Contact us now for more information.