What Happens During an IDFPR Investigation of a Doctor?

 Posted on June 30, 2021 in Medical License Defense

For medical professionals, few things can be as worrisome as the possibility that they could lose their medical license. If you have been notified that you are being investigated for potential license discipline by the Illinois Department of Financial and Professional Regulation (IDFPR), you will most likely be concerned about how this will affect your ability to maintain your license and continue practicing medicine. In these situations, doctors will need to work with an attorney to gain an understanding of the procedures followed during a case before the Illinois Medical Board and the steps they can take to protect against the loss of their license.

Steps Followed in an IDFPR Investigation

An investigation of a doctor or medical professional may be initiated following a complaint by a patient or because of other issues, such as the loss of hospital privileges or the revocation of a provider’s DEA registration. A license discipline case will usually follow these steps:

1. Investigation - IDFPR investigators will look into a complaint or any other issues that may indicate that a doctor has violated the Medical Practice Act. They may contact the provider to request information or conduct interviews, and information may also be gathered from other sources, such as a hospital, pharmacy, or health insurance company. The Illinois Medical Board’s Complaint Committee will review the results of the investigation and determine whether to send the case to the Prosecution Unit or close the case. 

2. Informal conference - If the Complaint Committee determines that prosecution is necessary, the IDFPR will usually schedule an informal meeting with a prosecuting attorney, the doctor, and a member of the Illinois Medical Board. At this conference, the facts of the case will be discussed, and the parties may negotiate an agreement regarding appropriate discipline.

3. Formal hearing - If an agreement cannot be reached, formal legal proceedings will be necessary. A hearing will be held before an administrative law judge (ALJ), and each side will be able to present evidence and call witnesses.

4. Disciplinary action - At the conclusion of the hearing, the ALJ will make a recommendation regarding whether disciplinary action is needed and what forms of discipline would be appropriate. The Medical Disciplinary Board will review these recommendations and either accept, reject, or modify them. The IDFPR director will make the final decision about disciplinary action.

5. Appeal - A doctor may appeal an unfavorable decision, and their case will be reviewed in an Illinois circuit court. If necessary, further appeals can be filed in appellate court or the Illinois Supreme Court.

Contact Our Illinois Medical License Defense Lawyer

If you have received notice that you are being investigated by the IDFPR, you will need to secure legal representation as soon as possible. Any mistakes made during an investigation or informal or formal disciplinary proceedings could result in the suspension or revocation of your medical license. To protect your license and ensure that you can continue practicing medicine, contact the Illinois IDFPR investigation attorney at The Law Offices of Joseph J. Bogdan, Inc.. Call our office at 630-310-1267 to arrange a free consultation today.

Sources:

https://www.idfpr.com/Forms/Brochures/HowTheDivRespondsToARequestForAnInvOfAPhysician.pdf

http://www.cmsdocs.org/news/due-process-for-doctors