Historically, licensees with an illness could not only be subject to disciplinary action but their illness became public information as a result of the disciplinary process.
New proposed rules attempt to create a non-disciplinary, confidential monitoring program for licensees with mental or physical illnesses. With the current rules as they are, illnesses could be made public information. The possibly stigmatic peril of public disciplinary action and disclosure has led to licensees hiding or ignoring their conditions instead of seeking treatment. This white paper reviews the proposed rules which try to focus on these circumstances.
Eric J. Plinke
Dinsmore & Shohl LLP
Eric J. Plinke is a shareholder with Buckingham, Doolittle & Burroughs, LLP. Mr. Plinke counsels corporate and individual clients regarding health care law issues. He has counseled clients in practice formation and acquisition, joint ventures, contract review and preparation, compliance programs, HIPAA privacy regulations, and Stark law and anti-kickback statute analysis. Mr. Plinke has also has successfully represented both entities and providers in credentialing and medical staff matters and third-party payor audits, and he has significant experience representing providers in regulatory investigations and hearings. He has litigation experience in administrative hearings and appeals, medical malpractice and professional negligence, HMO liability and health care provider disputes. Mr. Plinke is listed in The Best Lawyers in America, frequently lectures on health care topics and is a member of numerous professional organizations. He earned a B.A. degree at Hanover College and a J.D. degree at The University of Toledo College of Law.
Daniel S. Zinsmaster
Dinsmore & Shohl LLP
- Currently Of Counsel in the Health Care Law Practice Group at Dinsmore & Shohl LLP
- Recently elected to partner, effective January 1, 2018
- Extensive experience in the health care arena, particularly administrative and disciplinary proceedings, as well as regulatory investigations and compliance
- Prior to joining Dinsmore, practiced for nearly seven years with the State Medical Board of Ohio, advising Board members and agency personnel on issues related to the Medical Practices Act of Ohio, Chapter 119 Administrative Procedures, and federal rules and regulations implicating the area of health care
- Counsel hospitals, ambulatory surgery centers, physician practices and other providers through internal compliance investigations, government audits/investigations, voluntary disclosures and settlement negotiations with state and federal government agencies
- Member of the American Health Lawyers Association, Society of Ohio Healthcare Attorneys Association, American Bar Association (Health Law Section, Substance Use Disorders Task Force), Ohio State Bar Association (Health Law Committee, Administrative Law Committee), and Columbus Bar Association (Health Care Law Committee)
- J.D. degree, Capital University Law School, during which time clerked at the Legal Office of the Ohio Governor and the Business and Regulations Division of the Columbus City Attorney’s Office
- Can be contacted at [email protected] or 614-628-6949
Courtney M. White
Dinsmore & Shohl LLP
- Attorney in the Health Care Law Practice Group at Dinsmore & Shohl LLP
- Experience representing hospitals, physicians, physician groups, and other health care providers
- Advises clients regarding compliance with state and federal health care laws and regulations, including the proper maintenance and release of medical records
- Drafts compliance plans and provides training and advice for health care providers throughout Ohio to assist in the implementation of proper record-keeping procedures
- Assists clients in disciplinary proceedings based on allegations of poor record-keeping
- J.D. degree, cum laude, The Ohio State University Moritz College of Law
- Can be contacted at [email protected] or 614-628-6952
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