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Health Care Law Overview

For over 25 years, the Law Office of Alexander W. Kirkpatrick has been representing health care providers in administrative law matters throughout Southern California, from Pasadena and Los Angeles to Riverside and San Diego. Our practice areas include:

Compliance

  • Management of Medical Practices
  • Medicare/Medi-Cal
  • Stark/Anti-Kickback/PORA
  • HIPAA
  • Long Term Care
  • California Board of Behavioral Sciences
  • California State Board of Pharmacy
  • Peer Review & Credentialing
  • Internet Prescribing

Regulatory Defense

  • Medical Boards
  • Professional Licensing
  • Health Care Facility Licensing
  • Medicare/Medi-Cal Audits & Appeals
  • HIPAA Investigations

Litigation

  • Fraud & Abuse
  • Business Disputes
  • Reimbursement
  • Medical Staff Disputes
  • Peer Review Hearings
  • Appeals
  • Writs

Medicare & Medi-Cal Audits

Alexander W. Kirkpatrick has extensive experience representing health care professionals at all stages of Medicare and Medi-Cal audits, including investigations, administrative hearings, and appeals through to the Superior Court. If assessed during an audit, reimbursements for alleged claim "overpayments" can cost a medical practice hundreds of thousands of dollars. Mr. Kirkpatrick works closely with experts who are familiar with medical documentation and reimbursements to fight these costly audits. For additional information on how he can help you protect yourself in an audit, please see our Medicare & Medi-Cal Audits page.

License Disciplinary Actions

It is not uncommon for a Medical Board to impose a disciplinary action against a licensed health care professional once the licensee has been audited or sanctioned by Medi-Cal. Alexander W. Kirkpatrick defends a broad range of licensed health care professionals against these often-unwarranted disciplinary actions, including physicians, pharmacists, clinical psychologists, physical therapists, and many others.

Writs of Mandate & Injunctive Relief Petitions

When a licensed medical professional has suffered disciplinary actions or sanctions following administrative proceedings, our firm utilizes a petition for a writ of mandate to seek judicial review of the action. In addition, we often combine these petitions with requests for injunctive relief, such as a temporary restraining order, to protect our clients. Despite the fact that such petitions are rarely granted, Mr. Kirkpatrick has a high rate of success in these cases.

Internet Prescriptions

In the past year, the Board of Pharmacy has begun aggressively enforcing regulations which generally prohibit pharmacies from filling prescriptions transmitted over the Internet. Recently, the Board of Pharmacy has imposed huge fines against both pharmacies and pharmacists for alleged violations of these laws. Most fines imposed by the Board are over $1 million, and some are in excess of $10 million. At the same time, the Medical Board of California has been imposing additional fines on these physicians. None of these cases has yet to go to an administrative hearing, however significant legal issues must be raised to defeat these fines.

Moreover, most cases are further complicated by the involvement of the Drug Enforcement Agency (DEA) because they involve the interstate shipment of controlled substances (prescription drugs). Therefore, the pharmacist may be at risk for criminal prosecution. Careful development of factual and technical defenses is essential to these cases.

Seek Experience Representation

If you are facing reimbursement, audits, sanctions, fraud and abuse allegations, or license disciplinary actions resulting from these investigations, seek immediate legal representation to protect your medical practice. For personalized attention from an attorney with expertise in your health care matter, contact the Law Office of Alexander W. Kirkpatrick today.

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