If you are a health care provider that depends on state and/or federal agencies for licensure, certification, and a substantial portion of your revenues, please pay careful attention to what we are about to say. As a general rule, these agencies are not out to get you or put you out of business. Really!!!
These agencies have a job to do. They have constituencies just as your business does. These agencies are run by real life human beings with feelings, who have bad days and good days, just as your employees do. And they make mistakes. But they more often than not have plausible bases for their determinations about your operations, billings, and compliance with agency rules.
When you think that your company is being singled out for unfair treatment, the first thing to do is take a deep breath. The next thing to do is ascertain the facts. Experienced health care counsel can help you with this effort. If you investigate the internal facts and find that the agency has screwed up, counsel can help you navigate the situation to bring the real facts or the correct legal interpretation to the attention of the agency personnel to resolve the situation in your favor. If the agency has become entrenched in its own miscalculations and refuses to accept your position, counsel can help you determine the appropriate legal recourse to obtain formal administrative or judicial review.
If the internal investigation reveals that the agency was correct in its determination, counsel can help you craft an approach to the agency that will help ensure that the agency will understand that you have gotten the message, resolved the issue to the agency’s satisfaction, and will continue in their regard as a good citizen going forward. For that is the essential truth of the relationship between your company and the government agency. If you have a dispute with the agency, and even if you ultimately win, you will need to continue working with the agency and relying on the agency or its companion agencies for your company’s financial success. You can never intentionally leave blood on the battlefield, because it will very likely come back later to haunt you at the most inconvenient time. Good relations with your government paymasters will yield dividends over the long haul!!