Questions and Answers //
1. What is “administrative” law?
Generally, administrative law refers to the rules and regulations created by governmental agencies that regulate the activities of certain individuals and/or entities. Pursuant to administrative law, governmental agencies have the authority to grant, deny, revoke, or terminate the benefits or licensure of the individuals/entities subject to the agency’s authority. Most important, an individual or entity subject to the agency’s regulations must exhaust their administrative remedies (i.e., take every step, including appeals) with the agency within the administrative law system before they can challenge the administrative ruling in court.
2. What is a “Chapter 119” or administrative hearing?
Chapter 119 refers to Chapter 119 of the Ohio Revised Code, which is the State of Ohio’s Administrative Procedure Act. Thus, a Chapter 119 or an administrative hearing is a hearing before a governmental agency or before an administrative law judge (hearing examiner or hearing officer) and establishes a record of facts in a particular case, toward some type of resolution. In several aspects an administrative hearing is similar to being in court for a trial.
3. Do I need an attorney to represent me at an administrative hearing?
Although not required, it may be in your best interests to enlist the services of an attorney familiar with administrative law because it can be a technical jungle and if not properly navigated, could result your inability to pursue your right to be heard before a court of law. As mentioned previously, an individual or entity subject to an agency’s regulations must exhaust their administrative remedies (i.e., take every step, including appeals) with the agency before they can challenge the administrative ruling in court. Moreover, if not properly navigated, an individual or entity risks losing its ability to engage in certain professions, industries, or government programs. Thus, you may not want to risk representing yourself with so much at stake.
4. How can The DuBose Law Firm, LLC help me if I have been provided notice of an administrative hearing/119 hearing?
As attorneys who have previously represented various state agencies against licensed health and human services professionals and entities in their licensure board hearings or Medicaid provider agreement termination hearings, we understand administrative law both substantively and procedurally. We understand how to interact with the agencies and their representatives because we were once those representatives. Thus,we have the experience and the relationships that will facilitate resolving your issues with your licensure board and/or regulatory agency. Upon receipt of a notice that you have the right to request a 119/administrative hearing, it is in your best interests to immediately contact an administrative law attorney to discuss your matter. If you want to discuss your matter with us, contact us here to schedule a consultation.
5. Why do I or my company need a compliance plan?
Because it is required by law. The Affordable Care Act (ACA) provides that a "provider of medical or other items or services or supplier within a particular industry sector or category" shall establish a compliance program as a condition of enrollment in Medicare, Medicaid, or the Children's Health Insurance Program (CHIP). Accordingly, establishing an effective compliance program has become a condition of participation in healthcare government programs. Providers that have not developed and implemented effective compliance plans will risk significant penalties from the government. TDLF Healthcare Compliance Consulting Group, LLC can assist your company with developing and implementing an effective compliance plan. Check out our Compliance Consulting Services section here.
6. How much will it cost me to hire The DuBose Law Firm, LLC or TDLF Healthcare Compliance Consulting Group, LLC?
Both companies offer competitive hourly and flat rates for their respective services dependent upon the complexity and nature of the issue at hand. Both companies accept various forms of payment including cash, check, money order, credit card, and online payment via PayPal.
Any other questions? Contact us at (614) 398-1788 to schedule a consultation.