Reviewing the process for in-person DHP investigations
The Issue
Statewide, there's been a dramatic uptick in Virginia Department of Health Professions (DHP) in-person investigations based off patient complaints. The physician and provider community believe many of these stressful and time-consuming in-person visits can be avoided with a preliminary review.
Examples:
An opioid-seeking patient who visited a Virginia emergency department complained to DHP that their prescription wasn’t filled. An in-person investigation followed, but a quick look in the PMP would've showed the patient already received a prescription, which is why they were refused.
Another emergency physician was reported for not "providing updates" to a family for five days, but the patient was hospitalized under the care of the inpatient team.
What VACEP is doing
On learning of the issue this month, we reached out to the Medical Society of Virginia, which had received similar concerns from its members from other specialties. Our attorneys quickly scheduled a meeting this week with DHP leaders to express our shared concerns.
Our issue was met by DHP with understanding and willingness to help. We were told the in-person investigations are mainly due to a post-COVID, “getting back to normal” approach. During COVID, most investigations were done remotely, and now investigators are encouraged to visit medical facilities in-person. Additionally, there are many new investigators who need experience, but we objected to increasing stressful and unnecessary in-person visits just to help them gain training. DHP also says in-person visits often result in faster resolution — which we support for valid complaints.
Thanks to VACEP’s examples, like those above, MSV attorneys were able to show DHP how many cases do not meet the threshold for an in-person investigation and can be easily resolved by reviewing the response and records, and perhaps a phone call.
Next steps
The DHP team expressed understanding and pledged to develop a hierarchical review to determine when in-person investigations are warranted. They will reach out to their investigation supervisors to encourage prioritizing more complicated or egregious complaints for in-person visits, and use less-intrusive approaches for those complaints appearing less serious.
VACEP and MSV will continue to monitor the situation. If you have cases you believe warrant a lower level of investigation, let us know. You can submit on our “Ask VACEP” form at the button.
