Andrew Ko joined Garfunkel Wild, P.C. in 2021. Andrew represents various healthcare providers on regulatory and transactional matters. He has represented providers with challenging audits conducted by the New York State Office of the Medicaid Inspector General (OMIG), the Office for People with Developmental Disabilities (OPWDD), and Centers for Medicare & Medicaid Services (CMS). During this representation, he has contested the statistical sampling and extrapolation methodology implemented to calculate the purported overpayments. He has also counseled clients on regulatory compliance issues, government investigations, and self-disclosures.
Prior to joining the firm, Andrew worked as a health law associate for a regional law firm. He also was an Appellate Court Attorney at the State of New York Supreme Court, Appellate Division, Third Judicial Department, where he conducted legal research and drafted preliminary reports for the Court. While in law school, Andrew was a judicial extern for Hon. Christian F. Hummel in the United States District Court, Northern District of New York, interned for the Claims Bureau at the Office of the Attorney General, and interned for the Innovations and Partnership group at the Research Foundation for the State University of New York.
Garfunkel Wild received prominent recognition in the 2025 editions of The Best Lawyers in America and The Best Lawyers in America: Ones to Watch. A total of 38 attorneys were honored with 59 individual recognitions across various practices and offices nationwide.
Thirty-Eight Garfunkel Wild attorneys were selected by their peers for inclusion in the 2024 editions of The Best Lawyers in America and The Best Lawyers: Ones to Watch.
Thirty-Three Garfunkel Wild attorneys were selected by their peers for inclusion in 2022 New York Metro Super Lawyers, and 2022 New York Metro/Upstate New York Rising Stars.
Thirty Five Garfunkel Wild attorneys were selected by their peers for inclusion in the 2023 The Best Lawyers in America® guide and the Best Lawyers “Ones to Watch” list. In addition, Partner Jason Y. Hsi was honored as “Lawyer of the Year” in the area of Litigation – Health Care Law.
OIG posted a partially favorable Advisory Opinion (24-05) permitting a biotechnology company to provide transportation, lodging, and payment of associated expenses for certain patients receiving gene therapy treatments for two severe genetic diseases. In the same Advisory Opinion, however, OIG responded unfavorably to the Company’s proposal to subsidize some or all costs related to fertility preservation and storage procedures for these same patients.
Pharmacy revocations for non-compliance with Medicare Part B and Durable Medical Equipment, Prosthetics, Orthotics and Supplies enrollment requirements are on the rise. Garfunkel Wild’s latest webinar in our Compliance Webinar Series discusses common risks and provides strategies to protect your pharmacy.
The U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG) released its revamped Semiannual Report (SAR) on June 3, 2024. The SAR’s new format focuses on the oversight work OIG completed during the reporting period, and emphasizes how this work directly addresses the Top Management Challenges Facing HHS.
Garfunkel’s Compliance Webinar Series rolls on with an examination of the 2024 Work Plan published by the New York State Office of Medicaid Inspector General (OMIG).
The United States Department of Health and Human Services (HHS), Office of Inspector General (OIG) recently posted a new educational resource on its website about Single Audits. HHS is the largest grant-making agency in the Federal government, and OIG’s new resource is designed to help key stakeholders understand the scope of Single Audits, as well as improve the overall quality of such audits.
The New York State Office of the Medicaid Inspector General (OMIG) recently updated its Self-Disclosure Guidance and Frequently Asked Questions (collectively, “Updates”). These Updates give participating providers and entities additional insight into how to report overpayments involving unresponsive Medicaid Managed Care Organizations (MMCOs) or multiple entities, as well as those that are untimely, have adjusted or voided claims, or lost or damaged records.
The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (23-11) that allows a medical device manufacturer (Manufacturer) to subsidize Medicare cost-sharing obligations as part of a U.S. Food & Drug Administration (FDA)-approved clinical study involving a Category B Investigational Device Exemption.
Continuing its year-end reporting blitz, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) released its Semiannual Report (SAR) to Congress on December 1, 2023.
On December 28, 2022, the New York State Office of the Medicaid Inspector General (“OMIG”) finalized a significant set of new compliance-related regulations. The rules were initially proposed on July 13, 2022 (see our prior Client Alert on the proposed rules here: https://www.garfunkelwild.com/insights/omig-proposes-significant-new-compliance-program-regulations). The final rules contain minimal revisions to the proposed regulations.
Additional speaking & writing
Publications
Legal and Ethical Concerns of Telehealth and Telemedicine, 26 NYSBA Health L.J. 37 (2021)
Electronic Monitoring in Nursing Homes, Albany County Bar Association Newsletter 15 (March 2019)