
Healthcare
Helping providers cope with complex transactions and ever-changing regulations.
In a heavily regulated and rapidly changing healthcare industry, companies and professionals need knowledgeable, experienced lawyers to guide them through the maze of government regulations, negotiate corporate transactions, and advocate on their behalf in complex litigations. On Long Island, in Albany, and in the New York metropolitan area, they find what they need in the healthcare law attorneys at Farrell Fritz.
Experienced in Many Facets of Healthcare Law
Our practice encompasses representation in transactional and regulatory matters, litigation, and corporate counseling. We understand the healthcare industry, the laws, and the regulatory bodies that govern them. Our healthcare team includes attorneys who have worked at government agencies and top New York City law firms.
Our healthcare attorneys provide guidance on complex transactions including corporate structure and reorganization, mergers and acquisitions, financing and affiliations. We help clients deal with government regulations such as federal and state fraud and abuse laws and professional practice laws.
Farrell Fritz defends healthcare professionals in numerous types of matters, including threatened exclusion from the Medicare and Medicaid programs, termination from insurance plans, allegations of false claims or misconduct, and claims audits.
Across the Healthcare Continuum
We help providers—including hospitals, physicians and other healthcare professionals, physician groups, treatment centers and managed care organizations—meet their strategic goals. Our clients range from academic medical centers to community hospitals, ambulatory surgery centers to federally qualified health centers, skilled nursing facilities to home care providers and hospice, and large commercial insurers to smaller Medicaid managed care plans.
We understand the unique issues faced by pharmaceutical and medical equipment manufacturers and life science and biomedical researchers, as well as providers of mental health, substance use disorder, and intellectual and developmental disability services. We work closely with the Department of Health, Office of Mental Health, Office of Alcoholism and Substance Abuse Services, Office for People with Developmental Disabilities, and other agencies that regulate the healthcare sector.
On Top of Today’s Challenges and Emerging Issues
Understanding the changing face of healthcare—from new technology and financial and regulatory pressures to the increasing wave of provider consolidations—is no small feat. Managing them is more difficult still. Our healthcare lawyers:
- Help providers operate in the value-based purchasing (VBP) environment. We work to ensure they understand the implications of new risk arrangements and the best ways to construct those arrangements, drafting and memorializing agreements, and providing litigation services when contracting parties do not live up to their agreements. We also help providers access the financial support available to assist in their transition to the VBP environment.
- Advise clients interested in (or forced into) potential consolidations. We help them identify the optimal partners—of the same provider type or across provider types—and arrangements. Even more important, when providers are being forced into consolidations, we can help push back against unfair legislation and regulations.
- Help providers and payors respond to the challenges of emerging healthcare delivery technologies. We leverage our in-depth understanding of state and federal telehealth regulations to help providers operate on the cutting edge of healthcare technology while remaining in compliance.
Professionals
Vanessa E. Bongiorno
Government Relations Director
Albany
Recent Blog Posts
Supreme Court To Hear Argument Addressing Doctors’ Good Faith Defense To Pill Mill Prosecutions
The Supreme Court will hear argument next week in two consolidated cases that will decide what standard applies when a…
February 22, 2022
February 22, 2022
CANNABIS IN NEW YORK STATE: JUST THE FACTS
On March 31, 2021, Governor Andrew Cuomo signed the Marihuana Regulation & Taxation Act (MRTA) legalizing adult-use cannabis in New…
September 01, 2021
September 01, 2021
New York Establishes an Opioid Settlement Fund
By legislation enacted last month, on June 9, 2021, amending the New York Finance Law, Mental Hygiene Law and Executive…
July 21, 2021
July 21, 2021
New York State Approves Establishment of Clinical Staffing Committees in General Hospitals
In continuing efforts to address problems exposed by the COVID-19 pandemic, on June 18, 2021, the Governor signed legislation (S.1168-A/A.108-B)…
June 29, 2021
June 29, 2021
New York State Clamps Down on Nursing Home Revenue
In recent months, there has been a lot of attention on decisions made during the height of the COVID-19 pandemic…
April 28, 2021
April 28, 2021
New York Doubles Down on Telehealth
As policymakers have responded to the COVID pandemic, they have implemented a variety of changes that create tremendous opportunities in…
April 15, 2021
April 15, 2021
CBD 101: Just the Facts
No matter where you look lately it seems like you can find a store selling CBD-based items or find an…
July 09, 2019
July 09, 2019
New York Court of Appeals Rules that an Insurer May Withhold Payments to a Medical Service Corporation Improperly Controlled by Non-Physicians without A Finding of Fraud
On June 11, the New York Court of Appeals, in Andrew Carothers, M.D., P.C. v. Progressive Insurance Company, 2019 NY…
June 25, 2019
June 25, 2019
Second Circuit Holds Case Challenging Marijuana Classification As Schedule I Drug In Abeyance Pending Agency Exhaustion
Last week, in Washington v. Barr, the Second Circuit addressed a case seeking to strike down the federal government’s classification…
June 03, 2019
June 03, 2019
Home Health Care Aides Working Twenty-Four Hour Shifts Can Be Paid For Thirteen Hours If Employer Meets Sleep and Meal Time Requirements
Home health care aides working twenty-four hour shifts can be paid for as little as thirteen hours under certain conditions,…
April 16, 2019
April 16, 2019
NYS 2019-2020 Budget Does Not Provide for Recreational Marijuana Legalization
The New York State budget, which took effect yesterday to start the new fiscal year on Monday, April 1, does…
April 02, 2019
April 02, 2019
Is the Bankruptcy Code Provision on Disposal of Patient Records Useless?
Section 351 of the Bankruptcy Code permits a health care business in bankruptcy to dispose of patient records if it…
March 21, 2019
March 21, 2019
EDNY False Claims Act Overfill Decision Highlights Importance of Timely Naming All Defendants
EDNY Judge Nina Gershon analyzed several False Claims Act issues in United States ex rel. Omni Healthcare Inc. v. McKesson…
February 18, 2019
February 18, 2019
New York Continues To Move Towards Legalization of Recreational Marijuana
On January 15, 2019, Governor Andrew Cuomo delivered his 2019 State of the State Address. Part of his address centered…
February 12, 2019
February 12, 2019
2019 Executive Budget Expands OMIG Oversight Authority
Since the advent of the Medicaid managed care program there has been a lingering question as to when a Medicaid dollar…
January 29, 2019
January 29, 2019
When Should the Appointment of a Patient Care Ombudsman for a Health Care Business in Bankruptcy Be Excused?
When a health care business files for bankruptcy, the appointment of an ombudsman to monitor the quality of patient care…
January 22, 2019
January 22, 2019
Need For Discretion In Civil DOJ Cases Drives Rosenstein To Modify Yates Memorandum Individual Accountability Policy
In federal criminal investigations, corporate health care providers have faced a Department of Justice increasingly focused on individuals, one that…
December 18, 2018
December 18, 2018
Marijuana Regulation in New York – A Look Forward to 2019
The Compassionate Care Act has expanded and changed each year since Governor Andrew M. Cuomo signed it into law in 2014…
December 05, 2018
December 05, 2018
Medicaid Providers: Don’t Forget to Include Your Annual Compliance Program Certification to Your Holiday “To-Do” List.
As New Yorkers are preparing for Thanksgiving and the official start to the holiday season (although some could argue it…
November 20, 2018
November 20, 2018
Newly Enacted Consumer Directed Personal Assistance Program Advertisement Regulation Challenged in Federal Court
As recounted in our recent analysis of the 2018-19 New York State Budget (“Enacted Budget”), the Enacted Budget included…
November 14, 2018
November 14, 2018
What Happened on Election Day – and What It Means for Healthcare Policy in New York State
As pundits continue to argue about the nature and extent of the “Blue Wave” that did or did not…
November 09, 2018
November 09, 2018
NY Court of Appeals Strikes Down DOH Limits On Use Of Private Funds For Executive Compensation And Upholds Limits On Use Of Public Funds
Last week, in LeadingAge New York, Inc. v. Shah, the New York Court of Appeals addressed Department of Health regulations…
October 22, 2018
October 22, 2018
Should New York State Require Hospitals To Insure Medical Malpractice Claims?
New York State does not require hospitals to insure medical malpractice claims, either…
September 26, 2018
September 26, 2018
N.Y. Court of Appeals Reinstates Justice Center’s Oversight of Provider Agencies
New York State Court of Appeals, Albany, New York Earlier this Summer, the Court of Appeals overturned the Appellate Division…
September 18, 2018
September 18, 2018
Second Circuit Answers First-To-File Question: Amended Complaint Cannot Save Later-Filed FCA Action
In United States ex rel. Wood v. Allergan, Inc., the Second Circuit addressed the issue of whether a violation of…
September 10, 2018
September 10, 2018
Community Health Centers Receive Quality Improvement Grants
Just over one year ago, I wrote about the Department of Health and Human Service’s (“HHS”) $105 million award…
September 03, 2018
September 03, 2018
State Reallocation of FRAP Funds Not Barred By the ACA
As the battle over the future of the Affordable Care Act (the “ACA”) continues, New York State scored a big…
August 28, 2018
August 28, 2018
New York Creates Workgroup for Regulated Adult-Use Marijuana
This post is written in connection with my colleague Vanessa Bongiorno’s recent post, where she eloquently summarized the New York…
August 20, 2018
August 20, 2018
DOH Issues Request for Information for New LHCSA Need Methodology
As we previously reported, the 2018-19 New York State Budget passed in March includes significant provisions intended to reduce the…
August 16, 2018
August 16, 2018
“Able New York”: The Latest ADA-Related Initiative May Create New Requirements for Long Term Care Providers
This past July 26, 2018 was the 28th anniversary of the Americans with Disabilities Act (“ADA”), landmark civil rights legislation…
August 08, 2018
August 08, 2018
NY Court of Appeals Rejects Hospital’s Bid To Cloak Allegedly Defamatory FDA Investigation Statements With Absolute Immunity
The recent New York Court of Appeals decision in Stega v. New York Downtown Hospital provides strong support for defamation…
July 31, 2018
July 31, 2018
NYS Department of Health Report Green Lights Legalization of Marijuana
In January 2018, during the Executive budget address, Governor Cuomo directed the Department of Health (DOH) to review the…
July 25, 2018
July 25, 2018
Medical Director Agreements – What you don’t document could hurt you.
Unlike most other types of employment arrangements involving physicians, physicians acting as a medical director are compensated purely for the…
July 16, 2018
July 16, 2018
Legislation Affecting Public Health
This post marks the end of our series on recent activity by the New York State Legislature in the health…
July 11, 2018
July 11, 2018
Legislation Affecting Services for People with Intellectual and Developmental Disabilities
Our series highlighting recent activity by the NYS Legislature (introduced here) continues with a recap of bills passed in 2018 that…
July 09, 2018
July 09, 2018
Legislation Affecting Behavioral Health
Our series highlighting recent activity by the NYS Legislature continues with a recap of bills passed in 2018 that relate…
July 06, 2018
July 06, 2018
Legislation Affecting Long Term Care & Aging
The latest installation in our series on legislation recently passed by the New York State Legislature (introduced here) addresses legislation…
July 02, 2018
July 02, 2018
Legislation Affecting Hospitals
As we noted in previous blogs, the New York State Legislature has addressed a number of significant hospital related issues…
June 28, 2018
June 28, 2018
Legislation Affecting the Pharmaceutical Industry
During a year in which legislative activity was restrained by a variety of factors, most notably the Senate’s inability to…
June 27, 2018
June 27, 2018
Healthcare Bills Passed in the 2018 Legislative Session
The scheduled 2018 New York State Legislative Session concluded last week amid many of the same speculations and controversies that…
June 26, 2018
June 26, 2018
Congressional Appropriations Riders Suspended Affordable Care Act Mandates On Risk Corridors Program
In a decision last week that could affect $12 billion that insurers assert is owed by the federal government, the Federal…
June 19, 2018
June 19, 2018
New York State Receives Passing Grades On Its First DSRIP Report Card
Earlier this month the New York State Department of Health released the first results of its recently adopted Medicaid…
June 11, 2018
June 11, 2018
The Doctor Is In – From a Distance; Telemedicine Caveats
While there has been discussion of the potential proliferation of telemedicine for quite some time, telemedicine is finally positioned to…
June 05, 2018
June 05, 2018
NYS Department of Health Announces Workforce Retraining Funding Opportunity
The New York State Department of Health (DOH), in consultation with the Department of Labor (DOL), recently announced a Request…
May 29, 2018
May 29, 2018
DOH Issues Additional Guidance on New LHCSA Moratorium and other Restrictions Imposed by the 2018-19 Enacted New York State Budget.
Providing Care at Home As we reported in our annual series highlighting the various healthcare related provisions of…
May 22, 2018
May 22, 2018
Worker Cooperatives and Health Care
New York State healthcare policymakers have always had a lukewarm relationship with for-profit providers. While in some sectors the for-profit…
May 15, 2018
May 15, 2018
EDNY Decision Highlights False Claims Act Public Disclosure Bar, Original Source Rule
EDNY Judge Brian Cogan recently addressed the False Claims Act public disclosure bar and original source rule in a decision…
May 08, 2018
May 08, 2018
Seeking Interoperability: Centers for Medicare & Medicaid Services
As we have discussed in an earlier blog post, the federal administrative agencies have been placing greater emphasis on being…
April 30, 2018
April 30, 2018
Cannabis Industry Update – April 2018
With so much happening in the cannabis industry we thought we’d take this time to highlight some of the industry’s…
April 25, 2018
April 25, 2018
The Broadest Impact: 2018-19 New York State Managed Care Budget Highlights
The Broadest Impact: 2018-19 NYS Managed Care Budget Highlights This, the last of our posts on the 2018-19 New…
April 17, 2018
April 17, 2018
Small Issues with Big Impacts: 2018-19 New York State Hospital Budget Highlights
Small Issues with Big Impacts: 2018-19 NYS Hospital Budget Highlights There are probably few in the healthcare community in…
April 12, 2018
April 12, 2018
A Renewed Focus: 2018-19 New York State Intellectual and Developmental Disabilities Budget Highlights
A Renewed Focus: 2018-19 NYS Intellectual and Developmental Disabilities Budget Highlights Since the beginning of the administration of…
April 11, 2018
April 11, 2018
Responding to the Opioid Crisis and More: 2018-19 New York State Behavioral Health Budget Highlights
Responding to the Opioid Crisis and More: 2018-19 NYS Behavioral Health Budget Highlights Several provisions in the recently adopted 2018-19…
April 09, 2018
April 09, 2018
Fewer Home Care Providers, But More Assisted Living Programs: Long Term Care Reforms in 2018-19 New York State Budget
New York increases Assisted Living Beds in 2018-19 Enacted Budget While much of the public attention this year on healthcare…
April 06, 2018
April 06, 2018
Pharmaceutical Reforms in 2018-19 New York State Budget
Pharmaceutical provisions in the 2018-2019 Enacted New York State Budget Notwithstanding the enactment of a first-in-the-nation drug spending cap last…
April 05, 2018
April 05, 2018
State Authorizes Another $525 Million in Capital Grants for Providers
Periodically over the years, and consistently since 2005, the New York State Department of Health (DOH) has received funding through…
April 04, 2018
April 04, 2018
2018-19 New York State Healthcare Budget
New York State Healthcare Budget 2018-19 In the wee hours of the morning on March 30, almost two days ahead…
April 03, 2018
April 03, 2018
EDNY Decision Shows Breadth of Fraud Restitution Recoverable By Hospital For Mold-Contaminated Intravenous Bags
A hospital victimized by the sale of adulterated and mislabeled drug products successful obtained a Court order imposing restitution of…
March 27, 2018
March 27, 2018
NYS Senator Gillibrand To Co-Sponsor Marijuana Justice Act
As we’ve discussed in previous blog posts, marijuana, whether used for medicinal or recreational purposes, is classified as a Schedule…
March 20, 2018
March 20, 2018
Healthcare Business Owners—HIPAA Still Applies After Closing Down Your Business
Filefax, Inc. (“Filefax”), an Illinois company that intimately handled sensitive Personal Health Information (“PHI”), paid $100,000 to the Department of…
March 12, 2018
March 12, 2018
New York State’s Prohibition of the Corporate Practice of Medicine – A Not-So-Gentle Reminder
Spurred in large part by the changing landscape of medicine, more and more medical professionals are seeking to become a…
March 05, 2018
March 05, 2018
DOJ Memoranda Encourage Dismissal of Declined False Claims Act Cases and Prohibit Government Reliance on Noncompliance with Agency Guidance Theory of Liability
The Department of Justice issued two memoranda at the start of 2018 that may have important effects on health care…
February 27, 2018
February 27, 2018
New York May Consider Recreational Marijuana Legalization
New York is currently taking steps to investigate the possible legalization of recreational marijuana in New York. In July 2017…
February 20, 2018
February 20, 2018
Second 2018 Government Shutdown, Congressional Budget Deal and Healthcare
Just as everyday Americans were preparing their lives for a second United States government shutdown since the turn of the…
February 12, 2018
February 12, 2018
Ethical Considerations For Attorneys in Light of the Rescission of the Cole Memorandum
As discussed in our January 5th blog post, the Cole Memorandum was rescinded by Attorney General Jeff Sessions on January 4th…
February 01, 2018
February 01, 2018
Angry Text Message Recipient Loses Court Challenge On Flu Shot Reminder
It’s flu season again. Your PCP at WPMG is thinking of you! So began the health care provider’s text message…
January 29, 2018
January 29, 2018
Federal v. State Trademark Registration for Marijuana-Related Goods and Services
Despite numerous states having legalized medical marijuana, and a handful of others having legalized marijuana for recreational use, it still…
January 23, 2018
January 23, 2018
What are Your Thoughts on the Draft Trusted Exchange Framework?
On January 5, 2018, the United States Department of Health and Human Services released for public comment a draft Trusted…
January 15, 2018
January 15, 2018
Rescission of the Cole Memorandum and Consequences for the Marijuana Industry
While marijuana is legal for medical and, in some instances recreational, use under the laws of 29 states plus the…
January 05, 2018
January 05, 2018
Second Circuit Vacates Conviction of Pharmaceutical Distributor on Advice-of-Counsel Defense
Last week, in United States v. Scully, the Second Circuit vacated the conviction of a distributor of pharmaceutical products on…
December 19, 2017
December 19, 2017
Bill Requires Public Disclosure of Medical Marijuana Practitioners
As we previously discussed in Medical Marijuana 103: Patient and Practitioner Regulations in New York State, practitioners in New York…
December 12, 2017
December 12, 2017
Learning a Lesson from Flint: New York State Takes Important Steps to Ensure Clean Drinking Water
Stemming from the recent drinking water crisis in Flint, Michigan, which has had life-lasting effects for many of its residents,…
December 04, 2017
December 04, 2017
Cannabis Business? The Impact of Federal Law Might Reach Further Than You Think.
Everyone involved, or thinking about becoming involved, in the cannabis business is aware of the conflict between the laws of…
November 27, 2017
November 27, 2017
FDA Issues Warning Letters To Cannabidiol Product Manufacturers Over Health Claims
On November 1, 2017, the Food and Drug Administration (FDA) published a release concerning its issuance of warning letters to…
November 21, 2017
November 21, 2017
Medicaid Fraud Whistleblower Loses Bid To Keep His Name Out Of The Public Eye
False Claims Act whistleblowers expose themselves to significant risks by coming forward and asserting claims of fraud against the government.…
November 13, 2017
November 13, 2017
No Pay to Sleep or Eat on the Job: New York State Department of Labor Issues an Emergency Regulation for Home Care Workers
The New York State Department of Labor (the “DOL”) issued an emergency regulation clarifying its minimum-wage rules regarding home care…
November 06, 2017
November 06, 2017
Medical Marijuana Update – “Caregiver” Definition Expanded to Include Facilities
In our previous post, Medical Marijuana 103: Patient and Practitioner Regulations in New York State, we discussed that patients certified…
October 31, 2017
October 31, 2017
Kickback Arrangements – Cause for Alarm Beyond Federal Healthcare Programs
Few, if any, in the medical industry are unfamiliar with the federal Anti-Kickback Statute (“AKS”). Under AKS, those giving or…
October 23, 2017
October 23, 2017
Pharmacy Chain Not Required To Reasonably Accommodate Needle-Phobic Pharmacist
Trypanophobia—the fear of needles—played a significant role in a case brought against Rite Aid Pharmacy under the Americans with Disabilities…
October 17, 2017
October 17, 2017
Medical Marijuana 106: Recent Developments in New York
This blog post is the last in a series of articles discussing the current state of the law in New…
October 10, 2017
October 10, 2017
Public Health Emergencies and Mother Nature
In the wake of some of the worst storms our country has ever faced, as seen in the devastation caused…
October 02, 2017
October 02, 2017
Medical Marijuana 105: Marijuana in the Workplace
This blog post is the fifth in a series of articles discussing the current state of the law in New…
September 26, 2017
September 26, 2017
Concierge Medicine – Medicare Compliance Is Still A Consideration
In our July 10, 2017 post, Concierge Medicine – Is it for you?, we cautioned that Medicare compliance concerns do…
September 19, 2017
September 19, 2017
Medical Marijuana 104: Responsibilities of Health Insurers
This blog post is the fourth in a series of articles discussing the current state of the law in New…
September 12, 2017
September 12, 2017
Second Circuit Accepts Appeal of False Claims Act First-To-File Issues
The Second Circuit recently agreed to accept an interlocutory appeal to decide the question whether a violation of the False…
September 05, 2017
September 05, 2017
Medical Marijuana 103: Patient and Practitioner Regulations in New York State
This blog post is the third in a series of articles discussing the current state of the law in New…
August 29, 2017
August 29, 2017
Health Centers: The Federal Government Delivers a Big Win
On August 15, 2017, the Secretary of Health and Human Services, Tom Price, issued a press release reporting that almost $105 million…
August 21, 2017
August 21, 2017
Medical Marijuana 102: NYS Registered Organizations and Dispensaries
This blog post is the second in a series of articles discussing the current state of the law in New…
August 15, 2017
August 15, 2017
New York’s New Cybersecurity Regulations and its Impact on your Sensitive Health Information
Effective March 1, 2017, the New York State Department of Financial Services promulgated regulations to help protect against cybercriminals and…
August 07, 2017
August 07, 2017
Second Circuit Sets False Claims Act Pleading Standard For Claim Information
Last week, the Second Circuit held that a False Claims Act relator does not have to plead details of specific…
July 31, 2017
July 31, 2017
Medical Marijuana 101: The State of the Law in NY
This blog post will be the first in a series of articles discussing the current state of the law in…
July 24, 2017
July 24, 2017
Supreme Court Limitation on Forfeiture Will Impact Health Care Fraud Prosecutions
Health care fraud prosecutions in the Second Circuit and throughout the country have typically sought forfeiture money judgments against all…
July 17, 2017
July 17, 2017
Concierge Medicine – Is it for you?
According to the 2016 Kaiser/HERT Employer Health Benefits Survey, the average annual premium for employer-sponsored family health insurance coverage in…
July 10, 2017
July 10, 2017
Sixth Circuit Court of Appeals Affirms Offset of Medicare Reimbursement by DSH Payments Received
On June 14, 2017, the Sixth Circuit Court of Appeals in Breckinridge Health, Inc., et al. v. Price affirmed the…
July 10, 2017
July 10, 2017
Percentage-Based Billing Contracts Violate Medicaid Regulations and May Constitute Improper Fee-Splitting
The Medicaid Fraud Control Unit (MCFU) of the New York State Office of the Attorney General has recently issued restitution…
March 22, 2017
March 22, 2017
“Implied Certification” Theory Allowed Under the False Claims Act
The Supreme Court recently allowed liability through the implied certification theory of the False Claims Act (FCA), which was raised…
February 14, 2017
February 14, 2017
NY Medical Providers: Use Caution When Soliciting Positive Reviews on Consumer-Review Websites
Consumers often seek online reviews of a business on platforms such as Yelp, CitySearch, Yahoo and Google Plus Pages before…
December 07, 2016
December 07, 2016
OCR’s First Settlement with a Business Associate for HIPAA Violations
Catholic Health Care Services of the Archdiocese of Philadelphia (CHCS) is the first business associate to be held directly liable…
July 15, 2016
July 15, 2016
Consequences for Failure to Have a Required Business Associate Agreement
The Department of Health and Human Services, Office for Civil Rights (“OCR”), enforces the Health Insurance Portability and Accountability Act…
June 01, 2016
June 01, 2016
Sixth Amendment Prevents Pretrial Restraint on Health Care Defendant’s Use of Untainted Funds To Pay Counsel
The Supreme Court held last week that in a federal health care fraud prosecution, the Sixth Amendment prevents the government…
April 04, 2016
April 04, 2016
Who is a “Qualified Person” for Purposes of Access to a Patient’s Medical Records
In our previous post [found here], we explained that, under the Privacy Rule, HIPAA covered entities (health care providers and…
March 23, 2016
March 23, 2016
The Individual’s Rights Under HIPAA to Access their Health Information- Verifying the Identity of the Person Requesting PHI
Under the Privacy Rule, HIPAA covered entities (health care providers and health plans) are required to provide individuals, upon request,…
January 26, 2016
January 26, 2016
‘Incident To’ Billing: Billing Physician as the Supervising Physician and Ancillary Personnel Requirements
CMS has published a Proposed Rule to clarify how physicians are to bill for services furnished “incident to” the professional…
July 16, 2015
July 16, 2015
EDNY Judge Refuses To Unseal Grand Jury Minutes In Health Care Identity Theft Prosecution
Earlier this month, EDNY Judge Joanna Seybert examined the elements of Aggravated Identify Theft in an interesting context: a motion…
February 11, 2015
February 11, 2015
Second Circuit Rejects Constitutional Challenge To New York School Vaccination Requirement
The Second Circuit yesterday rejected a Constitutional challenge to New York’s requirement that children be vaccinated to attend public school,…
January 08, 2015
January 08, 2015
5 Lessons for Health Care Providers from Joan Rivers’ Death
On November 10, 2014, the US Department of Health and Human Services released its investigation report regarding the death of…
November 14, 2014
November 14, 2014
Visiting Nurse Service Settles Some SDNY False Claims Act Allegations, Leaves Others Open As Part Of A “Remaining Investigation”
An interesting SDNY settlement agreement resolves some False Claims Act allegations, but leaves others for another day. Visiting Nurse Service of…
November 07, 2014
November 07, 2014
Columbia Pays $9 Million In False Claims Act Case For Mischarging Federal Grant Money
Columbia University agreed to pay $9 million this week in settlement of a SDNY False Claims Act case alleging that…
October 30, 2014
October 30, 2014
DOJ Criminal Chief Caldwell Outlines New Joint Criminal-Civil Qui Tam Process
Leslie Caldwell, DOJ Assistant Attorney General for the Criminal Division, spoke to the qui tam relators’ bar at a Taxpayers…
October 10, 2014
October 10, 2014
Dismissal Motions Filed In SDNY Computer Glitch Reverse False Claim Act Case
When does the 60-day clock start for an identified overpayment of federal funds to become a reverse false claim under amendments…
October 03, 2014
October 03, 2014
Shareholder Liability for the Misconduct of Others: What is “Direct Supervision and Control?”
Physicians often practice through a limited liability entity to shield the physician from practice liabilities. In New York, such entities…
September 15, 2014
September 15, 2014
October Jury Trial in EDNY False Claims Act Case
False Claims Act cases do not often go to trial, so they are noteworthy when they do. EDNY Judge John…
August 18, 2014
August 18, 2014
Failure To Promptly Return Overpayments Arising From Computer Glitch Leads To False Claims Act Complaint
At the end of June, the U.S. Attorney’s Office in Manhattan filed a False Claims Act complaint against Beth Israel…
July 18, 2014
July 18, 2014
A Refresher on Noncompetes for Health Professionals
A recent article in the New York Times examined the growth of noncompete agreements, noting “Noncompete clauses are now appearing…
June 20, 2014
June 20, 2014
Court of Appeals Upholds Comptroller Audit Of Non-Participating Provider’s Billing Records
The New York Court of Appeals decided last week, in Handler v. DiNapoli, that the State Comptroller has the authority to…
May 13, 2014
May 13, 2014
False Claims Act Complaint Dismissed Where Defendant Followed State Regulations
A recent SDNY False Claims Act decision provides strong support for the argument that a false claim may not be…
April 03, 2014
April 03, 2014
Private Right of Action Recognized Under New York’s Prompt Pay Law
Claimants have a private right of action against insurers under New York’s Prompt Pay Law, N.Y. Ins. Law 3224-a, according to…
March 16, 2014
March 16, 2014
United States Provides Supreme Court With Its View of False Claims Act Pleading Standard
On Tuesday, the United States filed an Amicus Curiae Brief on a closely watched petition for certiorari. The Department of…
February 27, 2014
February 27, 2014
Articles & Advisories
Opinion: The Return of Public Health Law
Mark Ustin wrote an op-ed on “The Return of Public Health Law” which was published in the Daily News. He…
February 03, 2023
Opinion: After COVID-19, we need more focus on health equity
The experience with COVID-19 over the last two and a half years has taught health care policymakers a number of…
September 16, 2022
Understanding the nuances of mental health are key for COVID-19 recovery
Over the past two years, New Yorkers have had to withstand feelings of uncertainty, disconnectedness, and in some cases outright…
July 15, 2022
How I Made Office Managing Partner
Mark Ustin, 50, Farrell Fritz, Albany, New York Job title: Partner in charge of the Albany office and head of the…
April 25, 2022
Fair Pay for Home Care Workers: Easier Said Than Done
In January, Gov. Hochul unveiled a proposed budget for the 2022-23 fiscal year that departed from many years of tradition…
April 01, 2022
Pandemic Lessons Should Focus on Progress, Not Punishment
When someone finally writes the comprehensive story of the pandemic, it probably will read much like a disaster story: first, the…
February 23, 2021
What Comes Next? Eight Things to Look for in the Healthcare Industry After the Pandemic
At this point, there are few if any people left in the United States whose lives have not been impacted…
November 03, 2020
Retail health care is changing fast, but New York isn’t
“Retail clinic usage higher in NY than in other states” captured a key point that is frequently missing in the health…
May 14, 2019
The Healthcare Revolution Impacting Social Service Agencies
By Robert C. Creighton While the fight in Washington has been focused on the future of Obamacare, here in New…
November 08, 2018
The Berger Prescription – On Demand Podcast
Mark Ustin, partner at Farrell Fritz, was on the Capitol Confidential podcast to discuss the Berger Commission. Ustin, former general…
August 30, 2018
News
Patient Code of Conduct Aimed at Protecting Staff
Mark Ustin and Stacey L. Goldstein were quoted in a recent Healthcare Risk Management article “Patient Code of Conduct Aimed at Protecting Staff.”…
March 06, 2023
Hospital Merger Volume Down in Q4
Farrell Fritz Partner Mark Ustin was quoted in a recent article in GlobeSt regarding the transactional fall of hospital mergers…
January 18, 2023
Mark Ustin Named to City & State 2023 Health Care Power 100
Farrell Fritz Partner Mark Ustin has been selected to the City & State 2023 Health Care Power 100. Here is…
January 18, 2023
Robert Creighton Featured in “What We’ll See in ’23”
Robert C. Creighton, Managing Partner of Farrell Fritz, shared his insights in a recent Long Island Business News feature, “What…
January 10, 2023
Middle-Income Seniors Will Find It Hard to Pay for Housing by 2033
Mark Ustin, regulatory and government relations lawyer at Farrell Fritz in Albany, NY., tells GlobeSt.com, “This study shines an important…
September 01, 2022
Who’s Who in Healthcare Law – Mark R. Ustin
Mark R. Ustin is a partner at Farrell Fritz, P.C., a full service law firm with more than 80 attorneys…
June 03, 2022
The 2022 Law Power 100
New York is the capital of the legal industry. The state has the greatest number of lawyers per 1,000 residents…
March 07, 2022
High Court Poised To Make DOJ’s Job Harder In Opioid Cases
Prosecutor Feigin kicked off his argument Tuesday by invoking the allegations against Ruan and Kahn. He contended that they “want…
March 02, 2022
DOJ Has Few Allies, Many Foes In High Court Opioid Brawl
With that conduct in mind, experts say the lopsided amicus situation is mainly about ensuring a level playing field for…
February 28, 2022
Protect Peer Review Privileges, or Risk Serious Consequences
Avoid Bad Faith Charge The most important thing to remember about confidentiality protections afforded to patient safety investigations by state…
January 25, 2022
Press Releases
Farrell Fritz Receives Tier 1 Ranking in 2023 U.S. News – Best Lawyers’ “Best Law Firms”
Farrell Fritz is pleased to announce that, for the 11th consecutive year, the firm has received a Tier 1 Ranking…
November 03, 2022
21 Farrell Fritz Attorneys Recognized as 2023 Leading Lawyers by Best Lawyers
Farrell Fritz congratulates 17 attorneys on being selected by their peers for inclusion in The Best Lawyers in America© 2023.…
August 18, 2022
Farrell Fritz Receives Tier 1 Ranking in 2022 U.S. News – Best Lawyers’ “Best Law Firms”
Farrell Fritz is pleased to announce that, for the tenth consecutive year, the firm has received a Tier 1 Ranking…
November 04, 2021
17 Farrell Fritz Attorneys Recognized as 2022 Leading Lawyers by Best Lawyers
Farrell Fritz congratulates 12 attorneys on being selected by their peers for inclusion in The Best Lawyers in America© 2022.…
August 19, 2021
Farrell Fritz Receives Tier 1 Ranking in 2021 U.S. News – Best Lawyers’ “Best Law Firms”
Farrell Fritz is pleased to announce that, for the ninth consecutive year, the firm has received a Tier 1 Ranking…
November 05, 2020
18 Farrell Fritz Attorneys Recognized as 2021 Leading Lawyers by Best Lawyers
Farrell Fritz congratulates twelve attorneys on being selected by their peers for inclusion in The Best Lawyers in America© 2021.…
August 20, 2020
Mark R. Ustin Elected President of St. Catherine’s Center for Children’s Board
Farrell Fritz is pleased to announce that Mark R. Ustin has recently been elected president of St. Catherine’s Center for…
December 27, 2019
Mishka Woodley Joins Farrell Fritz‘s Albany Office
Farrell Fritz is pleased to welcome Mishka Woodley as a healthcare and government relations associate. Mishka joins the firm’s Albany…
November 11, 2019
Farrell Fritz Receives Tier 1 Ranking in 2020 U.S. News – Best Lawyers’ “Best Law Firms”
Farrell Fritz is pleased to announce that, for the eighth consecutive year, the firm has received a Tier 1 Ranking…
November 05, 2019
Ten Farrell Fritz Attorneys Named to The Best Lawyers in America© 2020
Farrell Fritz congratulates ten attorneys on being selected by their peers for inclusion in The Best Lawyers in America© 2020.…
August 15, 2019
On Demand Webcasts
Restructuring Options in Provider Healthcare
Farrell Fritz counsel Marty Bunin will be a panelist for an Expert Webcast video roundtable on “Restructuring Options in Competitive Healthcare.” Panelists…
February 27, 2019