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Associate Jordan Palatiello Obtains Dismissal for Registered Nurse Client

Posted: August 28, 2020

Lewis Johs Associate Jordan Palatiello was successful in securing the dismissal of all claims brought by the New York State Office of Professional Discipline against our client, a registered nurse and licensed acupuncturist.  The Office of Professional Discipline was tasked with investigating and prosecuting allegations that our client violated the Health Insurance Portability and Accountability Act (HIPAA) by utilizing protected health information while marketing a new acupuncture practice.  Jordan was successful in demonstrating that our client did not violate HIPAA, by utilizing documentary evidence and assisting our client in navigating the investigative interview with the Office of Professional Discipline.  Moreover, Jordan was able to demonstrate to the governmental agency that, in fact, it was the individual who likely asserted the complaint against our client who had violated HIPAA. The dismissal of all claims resulted in our client‘s license remaining free of any disciplinary charges.  This matter highlights the complex nature of the transition of medical practices and the sound legal advice required while buying and/or selling a medical practice.  For assistance navigating the purchase or sale of a medical practice, please contact Lewis Johs Avallone Aviles, LLP.