first contacting TMLT or obtaining legal counsel.
A violation of any of the laws and
regulations that govern the actions of physicians can lead to TMB disciplin- ary action. The consequences of a single board action can range from a dismissal to license revocation, enormous expen- diture of stress and time, and damage to a physician’s professional reputation. Therefore, it is essential that you seek an attorney’s expertise early to respond to TMB and present the information in an appropriate way.
Many physicians make the mistake of
acting as though the complaint against them is so frivolous that they merely need to explain their care and then TMB will surely see the lack of merit in the complaint and dismiss it. Moreover, you may have the impression that the pro- cess is informal and collegial, but in truth, this is serious business.1 TMLT policies will reimburse you
for reasonable legal expenses and ex- pert witness fees incurred in defending a TMB complaint (up to $50,000 per disciplinary proceeding with an aggre- gate limit of $100,000 per policy period, subject to the terms and conditions of the policy). The policy says you have 60 days to report an insured event to re- ceive reimbursement for covered expens- es. To preserve coverage, it is extremely important to pay attention to the 60-day window in which to report knowledge of a proceeding.
Myth 4: It’s okay to speak with an attor- ney “off the record” about a medical li- ability lawsuit to which I am not a party.
Truth: Proceed with caution and contact the TMLT claim department any time an attorney contacts you about a medical liability case.
“It may seem innocuous and that the attorney only wants to obtain informa- tion about a case, but there is always the possibility that based on the information you provide, you could be named as a codefendant in the case or called as a witness,” said Ms. Mills. “Physicians are strongly urged to contact TMLT before speaking with any attorney about a med- ical liability case.”
Ask the TMA Knowledge Center Trust the answer
Q. Can I charge Medicaid patients a “no-show” fee if they fail to cancel an appointment without sufficient notice?
A. No. Medicaid does not allow billing patients for missed ap- pointments. If a patient routinely skips scheduled appointments, the office should consider discussing the situation with the patient. Many Medicaid patients do not have access to reliable trans-
portation, which is a frequent cause for missed appointments. The Medicaid Medical Transportation Program (MTP), at the
Texas Health and Human Services Commission (HHSC), can help patients schedule transportation to and from physician office visits. Patients can schedule transportation by calling MTP at (877) MEDTRIP. For more information on the program, physicians can visit the HHSC website at
www.hhsc.state.tx.us/QuickAnswers/index .shtml#Get_Ride. See their FAQs on the topic, as well, at
www.hhsc.state.tx.us/ QuickAnswers/
GetRide_FAQs.shtml. If the patient is in a Medicaid managed care plan, the plan can help the practice with patient education and case manage- ment.
NOTICE: The Texas Medical Association provides this informa- tion with the express understanding that no attorney-client re- lationship exists, that neither TMA nor its attorneys are engaged in providing legal advice, and that the information is of a gener- al character. This is not a substitute for the advice of an attorney. While every effort is made to ensure that content is complete, accurate, and timely, TMA cannot guarantee the accuracy and totality of the information contained in this publication and as- sumes no legal responsibility for loss or damages resulting from the use of this content. You should not rely on this information when dealing with personal legal matters; rather, legal advice from retained legal counsel should be sought.
September 2013 TEXAS MEDICINE 13
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