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Welcome to the Law Offices of
Craig S Steinberg, O.D., J.D.
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CraigSteinbergLaw.com
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Craig S Steinberg, O.D., J.D., brings a very unique perspective and expertise to the field of Optometric and Healthcare Law and Consulting. He is one of a select few actively practicing lawyers in the United States who also provides eye care to patients on a regular basis as a practicing optometrist. Though now primarily engaged in the practice of law, Dr. Steinberg maintains his license to practice optometry and continues to actively practice both law and optometry. As a result, Dr. Steinberg's knowledge and expertise in the myriad legal issues affecting optometrists and medical providers is both practical and extensive.
In addition to healthcare litigation and general business litigation cases, Dr. Steinberg has handled numerous legal matters concerning optometrists, including State Board defense (defending accusations by the Board of Optometry which can lead to the suspension or revocation of your license), fraud in the purchase of practices, misappropriation of patient lists, breach of contract, defense of VSP and other Third Party discipline or panel expulsion hearings, expert witness testimony concerning practice valuation, standard of care, billing, and much more. Dr. Steinberg is regularly retained to draft and/or review agreements concerning the formation and leasing of optometric practices, optometric buy/sell agreements, and partnership agreements. For out-of-state optometrists, though Dr. Steinberg cannot provide legal services, he is routinely hired as an outside consultant.
Vision Service Plan (VSP) Audits/Hearings
Dr. Steinberg regularly represents optometrists and ophthalmologists being audited by third-party payers such as VSP, or, more commonly, appealing the results of targeted audits by VSP's Special Investigations Unit (SIU). VSP audits typically result in either disciplinary orders (e.g. probation or removal from the VSP panel) and/or restitution orders demanding the repayment of tens, and often hundreds of thousands of dollars, plus audit costs of more than $5,000. And, recently, EyeMed has increased it's doctor auditing activity.
A new law that tokk effect in 2019 changed the VSP audit and collections process, and another new law in 2025 dramatically changes the arbitration process in VSP disputes. It is essential, before you engage with VSP to dispute the results of an audit, that you consult with experience counsel. Anything you talk to VSP about will be used by VSP to prove their audit is correct and to try and collect from you. And make no mistake about it -- VSP wants to recover money from you, every dollar they can. VSP needs to know you have counsel that knows their tricks, and is not afraid to challenge them.
If you've been audited by VSP and received a Notice of Adverse Action, click here for information you will want to know.
Practice Purchases, Sales, and Partnership Agreements
Buying or selling an optometry practice, especially selling to Private Equity, or forming a partnership or corporation, can be a complicated transaction. Most post-sale lawsuits arise due to poorly drafted transaction documents. In particular, buyers and sellers that rely on an escrow company's "standard" documents, or those of a practice broker, can easily end up in post-transaction disputes because of poorly written or incomplete agreements. Similarly, "partners" (whether in a true partnership, or shareholders of a corporation) that don't consult an attorney to draft a thorough partnership or shareholder's agreement are at significant risk of problems down the road.
Sales to private equity buyers are particualrly complicated and require an experienced attorney for a couple of reasons. First, unlike sales to a fellow OD, private equity itself cannot buy or own your practice. The transaction thus necessarily involves multiple steps and "sub-transactions" in order to comply with the laws against the corporate practice of optometry. Second, buyers are often permitted, or required, to acquire an equity interest in the buyer. Finally, the sales usually involve structured payments over time where the seller must meet specific criteria to "earn" portions of the sale price. Dr. Steinberg has the experience to help you navigate these complicated transactions.
Business and Healthcare Litigation
About half of Dr. Steinberg's law practice is in the areas of litigation and trial practice, generally focusing on business and healthcare litigation. "Business Litigation" is a broad area that encompasses the ordinary disputes that arise in business contexts such as contracts and breach of contracts, claims of fraud, misappropriation of trade secrets, non-compete agreements, and related business issues. "Healthcare litigation" addresses some of the unique situations which arise involving billing and coding, compliance with third party and CMS regulations, litigation against third party payers (vision care plans and insurance companies) and related topics.
Expert Witness
Expert witnesses are often called upon to provide independent opinions based on their knowledge or expertise, and to advise litigation counsel regarding optometry and optometric practices. Dr. Steinberg has been retained or is qualified as an expert witness or legal consultant in a variety of cases and case types concerning the practice of optometry, including defending Medicare and Medicaid (Medi-Cal) audits, State Board of Optometry discipline cases, optometric practice valuation matters, and optometric malpractice/standard of care cases. He is available to provide expert consulting to help attorneys prepare their cases, or to testify directly as an expert.
As a seasoned trial attorney himself, with more than 30 years of experience as an optometrist and more than 20 years as a litigator, Dr. Steinberg is uniquely skilled at testifying in front of a Judge or Jury and, as a result, able to explain sometimes complex matters clearly, making them understandable, and he is able to get his point across in a way that few experts have the knowledge or experience to do. Dr. Steinberg is available as an expert consultant or witness in all fifty states. If you or your counsel are looking for an expert opinion or assistance, please contact Dr. Steinberg directly at craig@optometry.lawyer.
State Board Discipline Defense
Optometrists
in California are regulated by the California State Board of Optometry, which is a division of the Department of Consumer Affairs. The purpose of the State Board is to protect the public, and that includes the licensing and discipline of California licensed optometrists. The Board investigates complaints against optometrists, and brings accusations or charges against optometrists, under the Administrative Procedure Act if it finds cause to do so. In most cases the Board seeks revocation or suspension of your license!
Employer's Guide for Optometrists
Written specifically to aid the owners of optometry offices with the complexities of dealing with employees and employment law, Dr. Steinberg's Employer's Guide for Optometrists is the only manual of its kind designed specifically for optometrists. The Employer's Guide explains, in simple terms, the often complicated rules applicable to being an employer, and includes an extensive library of sample documents, contracts, forms, and procedure manuals, including a model emplooyee handbook and employment contracts..
HIPAA Policy & Procedure Manual
Most optometrists are familiar with HIPAA. Few, however, have a comprehensive HIPAA Policy and Procedure Manual, much less one that complies with the final HIPAA Rules which took effect in September, 2013. HIPAA Manuals drafted before January, 2013 are not compliant with the "final" rules. In the event of a patient complaint or an audit by the Office of Civil Rights each "Covered Entity" must have a HIPAA Policy and Procedure Manual. Dr. Steinberg's model HIPAA Policy and Procedure Manual is up-to-date and fully HIPAA compliant. It is 100 pages long and includes all the sample forms you need to meet the HIPAA requirements if you are audited.
Lecturing and Authoring
In addition to practicing both law and optometry over the past 20+ years, Dr. Steinberg lectures regularly on legal issues affecting optometrists to various optometric groups, including most recently, the American Optometric Society, the Association of Regulatory Boards of Optometry, and The Power Practice, and the University of Houston College of Optometry. He has also written for numerous optometric journals and periodicals, including Review of Optometry, Optometric Management, and Women in Optometry.