Meet the Team
Michael K. Goldberg
Michael K. Goldberg received his Juris Doctorate in 1992 from the University of Illinois College of Law. James "Jim" B. Goldberg
James B. Goldberg received his Juris Doctorate in 1999 from the John Marshall Law School. Gerald "Jerry" G. Goldberg
DePaul University, J.D., 1968; Internal Revenue Service, 1964-1968, Principal, Goldberg Law Group. Serving Illinois Healthcare Professionals
We handle cases across the state, incuding the
Chicago metropolitan area, the Quad Cities, the St. Louis area, and central and southern Illinois.
MEDICARE FRAUD INVESTIGATIONS-SHELL COMPANIES LATEST TARGET
February 7, 2012
According to recent Chicago Tribune investigation, for fiscal year 2010, “improper payments resulted in $48 billion in losses to the Medicare program, nearly 10 percent of the $526 billion. How much of those payments moved through shell companies remains unclear.…DOCTOR WINS HEARING AT ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
January 3, 2012
Goldberg Law Group successfully represented one of its doctor clients who was alleged to have inappropriately touched a patient. The Department wanted to suspend the doctor for years and instead the doctor chose to have a hearing to force the…Doctor Sues Medical Group-Suit Sheds Light on How Doctors are Paid
November 15, 2011
A doctor is suing Chicago Lake Shore Medical Associates Ltd. to recover $220,000 in a case that offers a glimpse into how physicians in large practice groups often are paid. The doctor was part of the nearly 50-doctor Streeterville practice, which…1st District of the Illinois Appellate Court affirms Illinois Department of Financial and Professional Regulation
November 7, 2011
On November 4, 2011, the Illinois Appellate Court affirmed the decision by the Illinois Department of Financial and Professional Regulation to deny a doctor a license to practice medicine in Illinois. The Department based its decision on a settlement reached…Physician who focuses on the foods we eat
November 3, 2011
Dr. Principe two years ago founded WellBeingMD Ltd., a comprehensive medical practice in Palos Heights that integrates traditional medicine with classes on making significant lifestyle changes –– including cooking, yoga, pilates, exercise, acupuncture and massage. His work has garnered praise from some…Mental Health Centers to Close
November 3, 2011
Many relatives of the mental health patients have testified at the Illinois Department of Human Services to protest the closing of medical health centers. Opponents of the closings have said that they fear that without a plan, people who need…Medical Records of Deceased Family Members-Pending Bill
October 27, 2011
Illinois Senate Bill 1694 is an initiative that creates a procedure and statutory form to allow certain family members to get the medical records of deceased family members without being forced to open an estate. It passed out of the…Illinois Doctors' Legal Challenge to new Billing Law Fails
October 27, 2011
he battle over a new state law that prevents some doctors from sticking their patients with bills for services not covered by insurance is shifting to the Illinois General Assembly after a federal judge’s ruling that the statute is constitutional.…Doctor data bank back online in Illinois
October 21, 2011
A database that lets Illinois consumers check the malpractice history of thousands of Illinois doctors and chiropractors went back online today. The database was taken offline last year after the Illinois Supreme Court declared a medical malpractice reform law unconstitutional.…Patients' Right to Know Act passes Assembly
August 30, 2011
Patients would have access to detailed histories of Illinois doctors — including whether the physician has been fired, convicted of a crime or made a medical malpractice payment in the past five years — under legislation headed to the governor’s…Cook County Judge Grants Stay of Revocation of Doctor's License
August 30, 2011
Recently, a Cook County Chancery Judge granted a stay of a revocation of a doctor’s license. The Judge ruled that there must be a Medical Disciplinary Board Member present at the doctor’s hearing. The Department did not have a Board…Illinois gives nurses more rights and gets tougher on impaired nurses
August 30, 2011
The Illinois Department of Financial and Professional Regulation recently amended the Nurse Practice Act. The new provisions include changes to the rules governing nursing delegation, mandatory reporting of impaired nurses. The Act allows APN’s to delegate to Rn’s, LPN’s and…How the Illinois Department of Professional Regulation Responds to an Investigation
August 30, 2011
The Illinois Department of Financial and Professional Regulation licenses physicians and surgeons, osteopaths and chiropractors, all of whom are subject to the Illinois Medical Practice Act. The Act was passed by the Illinois General Assembly and sets forth the laws…New Law for the Illinois Department of Professional Regulation
August 30, 2011
A recent Public Act amends the Department of Professional Regulation Law of the Civil Administrative Code if Illinois by providing that any health care professional authorized by law to provide services at a free medical clinic may do so without…New Law Created for Doctor (and other healthcare provider) Advertising
August 30, 2011
This Act creates the Truth in Health Care Professional Services Act. The Act provides that an advertisement for health care services must identify the type of license held by the health care professional advertising or providing the services pursuant to…Hospital Licensing Act is Amended
August 30, 2011
The Hospital Licensing Act 210 ILCS 85, was amended recently to require hospitals to have a control program for MRSA. It also now incorporates CDD guidelines for disinfection and sterilization in healthcare facilities. in another amendment to the Act, it…Checking Up on Doctors
August 30, 2011
The Chicago Tribune issued an article in the paper on August 23rdregarding the recent change in the availability of doctor’s information online. The Illinois Department of Financial and Professional Regulation recently closed access to its online database featuring information on…New Rule for Dental Anesthesia
August 30, 2011
The Department of Financial and Professional Regulation recently amended regulations that create enforcement mechanisms for several sections of the Illinois Dental Practice Act. The new regulations state that in order to provide minimal sedation with nitrous oxide analgesia, the techniques…DEA Seeks to Indict Doctor for Deaths of Patients
August 30, 2011
Recently, in the Southern District of Illinois, The DEA, HHS and the US Attorney’s Office is considering charging a doctor with the death of some of his patients who have committed suicide or died in house fires or one car…Doctor sues Rush for Fraud Relating to Surgeries
August 30, 2011
Recently a doctor sued Rush Hospital for alleged fraud relating billing for surgeries that residents allegedly performed instead of the doctor who had scheduled the surgery. This type of lawsuit is called a Qui Tam lawsuit. The plaintiff stands to…DEA and Physicians-Unannounced Visits
August 30, 2011
When the DEA is investigating a physician, it will often ask that doctor to immediately surrender his or her DEA Registration. Such “Voluntary Surrenders” are seldom a good idea and should not be rushed. The physician being investigated should tell…Hospital mortality rates published
August 30, 2011
Patients die of common medical conditions more often at some of the area’s best-known hospitals than at other institutions with less sterling reputations, according to a new state report published Monday. Medical centers immediately challenged the information, saying it didn’t…Hospitals failing to protect patients
August 30, 2011
The nation’s hospitals are failing to protect patients from potentially fatal infections despite years of prevention campaigns, the government said Tuesday. The Health and Human Services department’s 2009 quality report to Congress found “very little progress” on eliminating hospital-acquired infections…Increase in Nurse practitioners projected
August 30, 2011
With a looming shortage of primary care doctors, 28 states are considering expanding the authority of nurse practitioners. These nurses with advanced degrees want the right to practice without a doctor’s watchful eye and to prescribe narcotics. And if they hold a…Update: Chicago Tribune Discusses Caregiver Database
August 30, 2011
This article discusses the follow up from the previous article written in the Chicago Tribune discussing Caregivers. Caregiver database shuffles staffers after accuracy issues Move follows report on missing disciplinary cases By Charles Ornstein and Tracy Weber …Chicago Tribune touches on Inept Caregivers
August 30, 2011
This article touches on Inept Caregivers on the internet and the omissions of a new federal database used to track incompetent nurses and other healthcare workers. Inept caregivers slip past net By Charles Ornstein and Tracy Weber ProPublica February 22,…DEA INVESTIGATES PHYSICIANS
August 30, 2011
The US Drug Enforcement Administration is monotoring the controlled substance prescribing of many physicians throughout the state. They are also using undercover agents to pose as patients in pain whose regular physician is on vacation necessitating their needing medications right…Doctors and Restrictive Covenants
August 30, 2011
Today, a federal court in Iowa denied the enforcement of a restrictive covenant against an Illinois Physician. The physician’s former employer, a medical group, was trying to enforce the restrictive covenant against the physician. The decision was based on Iowa…National Practitioner Data Bank-Doe v. Leavitt
August 30, 2011
recently, the US Court of Appeals, First District, affirmed a decision of the District Court of Maine as to whether a physician was under “investigation” when he left resigned from the medical staff of a hospital. Both the hospital and…National Practitioner Data Bank
August 30, 2011
Doctors who are disciplined for longer than 30 days or who leave a medical staff while an investigation against them is pending, will be reported to the National Practitioner Data Bank. Once a doctor has been reported to the National…Medical Staff Discipline
August 30, 2011
The Medical Executive Committee of a medical staff can recommend discipline of a doctor’s clinical privileges as set forth in the medical staff bylaws. If that happens, the doctor is entitled to have a hearing to determine if the discipline…restrictive covenants and doctors-the Supreme Court decides
August 30, 2011
Mohanty v. St. John Heart Clinic, 2006 Ill. LEXIS 1689 (2006). The doctors’ employment contracts contained restrictive covenants, which stated that upon termination of their employment, they would not practice medicine within a certain area for given periods of time.…
New License for Nurses-Doctors not happy
October 10, 2011
There is concern amoung doctors that nurses and other health care professionals will be granted powers previously reserved for doctors.Important Notice Regarding Continuing Education and Registered Nurses
September 8, 2011
Pursuant to Section 60-40 of the Nurse Practice Act, registered nurses are required to complete 20 hours of Continuing Education per pre-renewal period. The pre-renewal period is the twenty-four (24) month’s preceding the expiration date of the license. This requirement…LPN's and IV antibiotics
September 8, 2011
An LPN who possesses the proper education, training and experience may in fact administer antibiotic medications through a peripheral IV line via IV piggyback for a continuous infusion of fluids, with or without medications, through an IV access device. A…SB 360 Nursing Act Key Points
August 30, 2011
1. Title changed from the Nursing and Advanced Practice Nursing Act to the “Nurse Practice Act.” 2. The Act is reformatted: Each licensure category (LPN, RN and APN) is its own Article for ease of reading. Each article gives licensure…LPN vs RN in patient admittance
August 30, 2011
The LPN has a basic scope of nursing practice. Rn’s have a full scope of practice which include comprehensive nursing assessments and development of the plan of care. Therefore, the RN must be the person to perform the initial assessment…Placing nursing license on an inactive status
August 30, 2011
If you place your license on an inactive status or you fail to renew for 5 years, you must re-sit for the NCLEX exam. The exceptions to this rule would be proof of active practice in another jurisdiction and active…Wrongful Termination and "at-will" employee status for Nurses
August 30, 2011
Illinois is an at-will employment State, meaning that an employment relationship of unspecified duration is presumed terminable at will by either party. There are some exceptions to this general at-will employment standard. Your employer cannot fire you for a reason…Requirements for an Illinois Nursing License
August 30, 2011
The Illinois Nursing Act provides that only graduates of an accredited nursing education program are eligible for a nursing license in Illinois. Nursing education programs can include baccalaureate programs where graduates earn a bachelor’s of science in nursing or BS…Illinois Nursing Renewal Requirements
August 30, 2011
The State of Illinois requires nurses to renew their license every two years. The State of Illinois does not require any further education to renew a license. Illinois has a few options for renewing a license. Nurses can renew over…Investigation and Prosecution of your License at the Department of Professional Regulation
August 30, 2011
When a complaint is received from the public, it is promptly assigned to a Division investigator. The investigator is responsible for determining if there has been a potential violation of a licensing law, or Division rules and regulations. After developing…ISAC 2010-2011 Nurse Educator Loan Repayment
August 30, 2011
Due to a shortage of nurses and lack of instructors to staff courses teaching nursing in Illinois, an incentive program has been designed to encourage longevity and career change opportunities. The Nurse Educator Loan Repayment Program is intended to pay…Illinois Board of Nursing minutes for Board Meeting held on July 9, 2010 summarized
August 30, 2011
1) Newsletters and Correspondence were made available for board perusal. 2) Michele Bromberg introduced new board members Sandra Kubala and Joan Libner to the board. 3)Michele Bromberg indicated that applications relative to Schedule II Controlled Substance are ready. 4) It…Illinois Board of Nursing
August 30, 2011
Nurses came under the jurisdiction of the Department of Professional Regulation upon its creation in 1917. The regulatory Act includes both “practical”, “registered” and “advanced practice” nurses within its scope and includes nursing in all of its specialties. The Board…Important Notice Regarding the Administration of IV Medication by LPN's
August 30, 2011
The Illinois Nurse Practice Act does not directly or specifically reference LPN’s providing IV Therapy; however, the existing rules do provide some guidance as to the LPN providing some types of IV Therapy. The Department of Professional Regulation has realized…Schedule II Changes for Controlled Substance Licenses for APN's and P.A.'s
August 30, 2011
Advanced Practice Nurses and Physician Assistants may now prescribe limited quantities of Schedule II controlled substances. Before applying to the DEA for a Schedule II permit, an APN or PA who has been given controlled substances prescriptive authority must first…Legal Rights Nurses Must Know: What is the investigative process?
August 30, 2011
Unfortunately, this is the stage of the disciplinary process that most nurses do not seek legal advice when they need it the most! A nurse may be reported by the public, a peer or an employer and in Illinois, there…Recent Examples of Nursing Disciplines and/or Adverse Actions in the State of Illinois
August 30, 2011
January 2010: (1) Registered Nurse – One year indefinite suspension due to drug diversion, falsifying statements related to the diversion, use of heroin and failure to complete rehab. (2) Registered Nurse – Indefinite probation after defaulting on loan. (3) Registered…Illinois Nurse Practice: Frequently Asked Questions
August 30, 2011
Question: Is continuing education mandatory? Answer: Pursuant to Section 60-40 of the Nurse Practice Act, registered nurses are required to complete 20 hours of continuing education per pre-renewal period. The pre-renewal period is the twenty-four (24) month’s preceding the expiration date…Nurses now on National Practitioner Data Bank
August 30, 2011
As of March 1, 2010, Nurses and all other health care practitioners with a license and/or certification are subject to reporting on the National Practitioner Data Bank for discipline to their license.
Nurses: Review the Nurse Practice Act Before You Begin Practicing
July 26, 2011
It is important that all nurses review the Nurse Practice Act before they begin practicing. All complaints concerning nurses are made to the Illinois Department of Financial and Professional Regulation and can result in disciplinary actions that can affect the…Update: Chicago Tribune Discusses Caregiver Database
July 26, 2011
This article discusses the follow up from the previous article written in the Chicago Tribune discussing Caregivers. Caregiver database shuffles staffers after accuracy issues Move follows report on missing disciplinary cases By Charles Ornstein and Tracy Weber Federal officials have…Disciplining Physicians: What Every Physician and Hospital Administrator Needs to Know About The Health Care Quality Improvement Act
July 26, 2011
Goldberg Law Group services include Illinois medical staff discipline and Illinois medical staff privileges attorney consultation. Disciplining or reducing a physician’s privileges can be a time consuming and costly undertaking for both the affected physician who must defend against the…Representing a Physician Subject to Disciplinary Action By The Department of Professional Regulation
July 26, 2011
Goldberg Law Group includes Illinois Department of Professional Regulation attorneys that can also address Illinois dental license issues. Contact us for more information. I. Introduction The Illinois Department of Professional Regulation (IDPR) oversees the Illinois statutes that govern the licensure…2007 Hot Topics in Health Care
July 26, 2011
HOT TOPICS IN HEALTH CARE LAW Michael K. Goldberg Goldberg Law Group 222 South Riverside Plaza, Suite 810 Chicago, Illinois 60606 (312) 930-5600 mgoldberg@goldberglawoffice.com March 23, 2007 INTRODUCTION My talk today will cover some of the hot topics in health…APN Prescriptive Authority
July 26, 2011
The amount of prescriptions that a nurse practitioner is prescribing each day is increasing tremendously every year. Nurse practitioner’s are also becoming more sought out by the pharmaceutical companies. Along with increased nurse practitioner prescribing comes a long, heated debate…
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