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Temporary TMB License Suspension: Possible Secondary Effects on a Physician’s Medicare Billing Privileges and DEA Controlled Substance Registration

Texas professional license defense attorney, temporary TMB license suspensionFacing a temporary suspension of a medical license is stressful and worrisome, in and of itself. However, there are also potential secondary effects that physicians may not be aware of; some may occur, even if the Texas Medical Board (TMB) does not finalize a suspension, or if the motion to suspend is eventually reversed. To adequately protect themselves, physicians should be aware of these potential secondary effects, and how they may be able to combat them before they become an issue.

Temporary Suspensions without Notice and the Potential Secondary Effects

In some cases, a physician’s license may be suspended without notice. Until a hearing is held, this bars the physician from practicing medicine. Unfortunately, the physician is also at risk for having his or her Medicare billing privileges and DEA controlled substances registration suspended during this time. It should be noted, however, that the time between a without notice suspension and a hearing is usually short, and it is not a final determination regarding the state of a medical license. Using this defense, a skilled professional license defense attorney may be able to prevent such secondary ramifications during the interim period.

Temporary Suspensions after a Hearing and the Potential Secondary Effects

If, after a hearing and/or investigation, the physician’s license is temporarily suspended, the DEA and Medicare may both exercise their right to revoke a physician’s privileges. However, such revocation is not mandatory, and a skilled professional license defense attorney may be able to prevent or delay such adverse actions, even if the physician’s license is temporarily suspended.

Dismissal of Suspension and Continued Potential Secondary Effects

While many would expect that all privileges are automatically reinstated if a temporary suspension is lifted, the truth is that the DEA and Medicare can—and sometimes will—continue to withhold privileges. Additionally, if a physician’s Medicare and DEA privileges have remained intact up to this point, both agencies still retain the right to instigate their own investigation and disciplinary process. Ultimately, they can still revoke privileges, even if a physician’s suspension is lifted or never finalized. As such, all proceedings involving the TMB, DEA, or Medicare should be navigated with the aid of a skilled professional license defense attorney.

Oscar San Miguel, Attorney at Law, has more than 20 years of experience in the medical-legal arena, giving him valuable insider knowledge, experience, and insight in dealing with the Texas Medical Board and other agencies. Paired with his dedication to efficient and effective legal services, he offers peace of mind and the kind of skilled representation you deserve. Call 512-228-7946 today and schedule your free initial consultation with an experienced Texas professional license defense attorney.

Sources:

http://www.tmb.state.tx.us/page/enforcement

http://www.deadiversion.usdoj.gov/pubs/manuals/pract/section2.htm

https://www.cms.gov/Outreach-and-Education/Medicare-Learning-Network-MLN/MLNProducts/downloads/MedicareClaimSubmissionGuidelines-ICN906764.pdf

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