my intentions for every client
My goal is to provide the client with a specialized knowledge and experience base that not only resolves the immediate legal problem, but also provides guidance and assistance for the client’s on-going concerns.
Guidance for Texas professionals in calm or storm
Administrative Law — Health Law — Professional License Defense
Licensure Applications, Renewals & Credentialing
Medicare and Medicaid Fraud, Reimbursement, Overpayment & Exclusion
Hospital Peer Review
Alcohol and Drug Abuse, Physician Health Program, Mental Health Issues, and Peer Assistance Matters
National Practitioner Data Bank Reporting Issues
Administrative Hearings & Mediation
I am a former government attorney, serving as an enforcement attorney for the Texas State Board of Dental Examiners, Health and Human Services Commission Office of Inspector General, and the Texas Medical Board. I entered private practice joining the Leichter Law Firm in Austin where I represented numerous health care licensees, including physicians, dentists, and nurses before their respective agency licensing boards. I have extensive knowledge of the administrative process as it relates to the prosecution of licensees for violation of the respective laws and rules that govern those licenses. My experience also includes professional licensing matters relating to the compliance with, and enforcement of, Medicaid and Medicare laws and regulations—particularly in matters involving billing, audits and investigations.
I am originally from Harlingen, Texas in the Rio Grande Valley and now live in Austin with my wife and two children. I am committed to serving not only the needs of my clients in the Valley and central Texas region, but throughout all of Texas.
MD vs. Texas Medical Board (TMB)
Client physician was accused to have failed to employ the electronic death certificate registry as required by Texas statute. Client retained me to represent him one week before Informal Settlement Conference (ISC). After a comprehensive response and submission of mitigating evidence which exonerated the client, Board Staff cancelled the ISC and the case was dismissed.
LVN vs. Texas Board of Nursing (BON)
Client, a Licensed Vocational Nurse (LVN), was employed by a home health agency and accused of falling asleep during overnight shift. Client had been a valued long term employee of home health agency and was kept in employment. BON proposed a Warning Order with stipulations including supervision and restriction on employment as a home health care nurse, which would have led to client’s employment termination. The BON filed the case for a formal hearing at the State Office of Administrative Hearing (SOAH). Upon persistent negotiating with BON, on the eve of trial, BON offered a Warning Order with no supervision requirement and client was able to retain employment.
CNA vs. Department of Aging and Disability Services (DADS)
Client, a Certified Nurse Aide (CNA), was accused of neglecting a resident for failing to follow facility’s care plan for changing resident after resident fell out of her bed. DADS proceeded to find neglect and proposed placing client’s name on the Abuse / Neglect Registry which would effectively make client ineligible for employment at state-funded nursing home facilities. Through the informal process, evidence was presented that Client had not been informed of the care plan; however, DADS proceeded with the proposed sanction and I requested case be set for a contested case hearing at the State Office of Administrative Hearing (SOAH). The same evidence was presented at trial and the Administrative Law Judge found favorably for client and against DADS. Client was exonerated and not placed on the registry.
RN vs. Texas Board of Nursing (BON)
Client, a Registered Nurse (RN), was accused of failing to perform comprehensive assessments at a nursing home. I requested investigative file from BON and reviewed nursing records for multiple patients and filed a comprehensive response rebutting allegations. BON issued letter of dismissal after review of comprehensive response.
LVN vs. Texas Board of Nursing (BON)
Client, a Licensed Vocational Nurse (LVN), was accused of soliciting patients while working at a home health agency. I requested investigative file from BON and reviewed BON documents and procured witness statements exonerating client from alleged conduct. BON issued letter of dismissal after review of comprehensive response and witness statements.
RN vs. Texas Board of Nursing (BON)
Client, a Registered Nurse (RN), was accused of practicing nursing outside her scope as a registered nurse and misrepresenting herself as an advanced practice nurse. Complaint stemmed from non-credible witnesses and was lodged against client as retribution for leaving complainant’s employment. I requested investigative file from BON and analyzed witness statements. I filed a comprehensive response identifying inaccuracies and inconsistencies in the witness statements. BON issued letter of dismissal after review of comprehensive response.
FNP vs. A.H.
Client, a Family Nurse Practitioner (FNP), was employed by A.H. and terminated from employment after being accused of falsifying assessments. A.H. reported client to the National Practitioner Data Bank (NPDB). The NPDB is a federal government electronic information repository containing information on adverse actions related to health care practitioners. I immediately initiated NPDB dispute process and drafted letter to A.H. demanding retraction of NPDB report based on A.H.’s failure to submit report in accordance with NPDB reporting requirements. A.H. retracted and voided the report.
RN vs. Texas Board of Nursing (BON)
Client, a Registered Nurse (RN), was default revoked by the BON unbeknownst to client after BON allegedly notified client of investigation and formal charges. I filed a Motion for Rehearing identifying client’s failure to answer charges was not intentional or the result of conscious indifference. BON granted Motion for Rehearing and reinstated client’s license. Client’s investigation was eventually resolved with client agreeing to a non-disciplinary Corrective Action.
RN vs. Texas Board of Nursing (BON)
Client, a Registered Nurse (RN), was accused of failing to provide adequate care to patient by leaving patient unattended. I was retained after BON had proposed Agreed Order which would have led to client’s termination from employment. A comprehensive response and a request for an informal conference (IC) was submitted. After review of response and exhibits, BON dismissed the case and client’s employment was no longer in jeopardy.
RN vs. Texas Board of Nursing (BON)
Client, a labor and delivery Registered Nurse (RN), was accused of failing to adequately assess or appropriately intervene for a patient in triage. The BON propounded that the client had discharged the patient home who had a non-reassuring fetal heart strip. I requested the investigatory file and together with the client reviewed the records and procured physician statements rebutting the findings of the BON. I requested an informal conference (IC). At the IC, we presented the evidence and the investigation was dismissed.