Like all professionals, physicians can become the target of civil, criminal, regulatory or administrative actions by law enforcement, prosecutorial and regulatory authorities. Unlike many other professionals, however, physicians are subject to an adverse action reporting system at both the state and federal level. A physician in New York who enters into a guilty plea, signs a consent order with the New York Office of Professional Medical Conduct (OPMC), settles a civil suit brought by a state or federal government regulatory authority, or resigns from a hospital’s medical staff while under investigation, can face significant and often wholly unexpected additional penalties.

Depending on the nature and severity of the adverse action being reported, physicians can potentially suffer the restriction, suspension or revocation of their professional credentials, hospital admitting privileges, medical licensure, CDS registration, third-party payer provider status or specialty board certification. It is vitally important that lawyers negotiating settlement agreements for physician clients become fully aware of the complex reporting structure which alerts every health care entity in the United States that a physician has been sanctioned.

The Age of Full Disclosure