The rise of remote medicine has created unprecedented opportunities for physicians to have increased flexibility. However, a recent criminal case from Rockland County, New York, serves as a stark warning of the legal and ethical pitfalls that await doctors who fail to manage these arrangements carefully.
The case that should concern every remote physician
In a recent example, New York City’s District Attorney announced the arraignment of a physician for multiple criminal charges including grand larceny. The prosecution argues that the physician double-billed – that she claimed to provide services for the New York State Office of Temporary and Disability Assistance in her capacity as a Medical Review Consultant while also working in person at a family services clinic.
The allegations are a stark reminder of the importance of careful documentation, particularly when working remotely.
Protecting yourself while working remotely
For physicians legitimately balancing local practice with remote work or multiple remote work positions, this case offers important lessons. Remote physicians must take proactive steps to ensure their billing practices are beyond reproach and that they maintain clear boundaries between different employment obligations. Consider implementing the following protective measures:
- Maintain clear time records that document exactly when you perform services for each employer or contract, including start times, end times and specific tasks completed
- Implement calendar blocking systems that prevent scheduling conflicts and provide verifiable evidence that you were not performing services for multiple entities simultaneously
- Retain all communications with employers, including emails, schedules and work assignments, as these documents can serve as evidence of your actual work patterns
- Review your employment contracts carefully to understand any exclusivity clauses, time commitments or restrictions on concurrent employment that may apply to your positions
- Submit billing documentation promptly with detailed descriptions of services rendered, as delays or vague descriptions may raise red flags during audits
- Avoid any appearance of impropriety by ensuring your claimed work hours align with reasonable human capacity and do not suggest simultaneous service provision
It can also help to consult with a healthcare attorney before entering into multiple work arrangements to better ensure compliance with all applicable laws and contractual obligations.
The high stakes: Your medical license hangs in the balance
Allegations of double-billing and fraudulent billing practices do not just threaten criminal prosecution — they also pose a serious threat to your medical license and chosen profession. State medical boards view billing fraud as a serious breach of professional ethics that demonstrates a lack of integrity fundamental to medical practice. Even if criminal charges are reduced or dismissed, the medical board can independently investigate and impose sanctions ranging from probation and fines to suspension or permanent license revocation. The damage then ripples across state lines through the National Practitioner Data Bank, potentially destroying your ability to practice medicine anywhere in the country. The bottom line is clear: protecting your billing integrity is about more than avoiding legal trouble — it is about safeguarding the professional credential you have spent years earning and upon which your entire career depends.
Attorney John Rivas is responsible for this communication.
