David M. Traskey
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David M. Traskey
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David Traskey, co-head of the Firm’s Washington, DC Office, advises individuals and entities involved in government investigations, guides clients on corporate compliance and governance matters, and litigates civil and white-collar healthcare fraud cases. Prior to joining Garfunkel Wild, David served as Senior Counsel with the United States Department of Health and Human Services (HHS), Office of Inspector General (OIG).
David’s unique expertise in health care enforcement and compliance provides clients with specialized insight into federal investigations and enforcement actions based on his knowledge of the government’s case identification strategies, its legal theories, and its interpretation of the applicable laws, rules, and regulations. His HHS-OIG experience also allows him to share critical information with clients about the government’s corporate governance expectations and compliance best practices.
David routinely provides advice to clients on fraud and abuse issues, including matters arising under the False Claims Act, the Anti-Kickback Statute, the physician self-referral law (Stark Law), federal healthcare reimbursement, and other regulations promulgated by the Centers for Medicare & Medicaid Services, the Food and Drug Administration, and HHS-OIG. He also counsels clients about risk mitigation strategies, implementing compliance safeguards, responding to investigations or audits, identifying and returning overpayments, and submitting OIG self-disclosures.
In his role at HHS-OIG, David represented HHS-OIG in litigation and settlements under the Civil Monetary Penalties Law and False Claims Act, collaboratively recovering over $118 million. He litigated appeals of provider exclusions before HHS’s Departmental Appeals Board and served as an advisor in subsequent appeals to U.S. District Court. He expanded OIG’s use of data analytics, and served as Litigation Hold Coordinator and the Affirmative Litigation Branch Component Liaison, where he provided related guidance and training to all OIG components on a variety of topics.
David’s government service roles span nearly two decades including time served as an attorney with the United States Department of Veterans Affairs (VA), OIG. There, he represented VAOIG before the Merit Systems Protection Board and Equal Employment Opportunity Commission, advised management on employee relations and human resources issues, and prepared referrals to VA’s suspension and debarment committee. David also served as an Acting Veterans Law Judge at VA’s Board of Veterans’ Appeals where he supervised a team of attorneys, conducted administrative hearings with veterans, and adjudicated veterans’ benefits appeals. Upon law school graduation, David clerked for Hon. Cheryl Johnson of the Court of Criminal Appeals of Texas, the court of last resort for all criminal matters in the state.
David is a Certified Fraud Examiner (CFE), certified by the Association of Certified Fraud Examiners (ACFE).
- Reviewed and resolved OIG self-disclosures
- Reviewed referrals from DOJ, OIG components, and Medicare contractors and made recommendations to OIG leaders about legal theories and case projects
- Issued document subpoenas, took testimonial subpoenas, and consulted with DOJ on civil investigative demands
- Initiated and resolved health care or grant fraud cases brought under the Civil Monetary Penalties Law (CMPL)
- Represented OIG in provider exclusion appeals before HHS administrative law judges and served as advisor to DOJ in subsequent U.S. District Court appeals
- Represented OIG in settlements with DOJ of civil False Claims Act (FCA) cases
- Negotiated and monitored provider integrity agreements arising from FCA or CMPL settlements
- Provided guidance on the Anti-Kickback Statute, Stark Law, and rules and regulations from CMS, the U.S. Food and Drug Administration, the Drug Enforcement Agency, and the U.S. Treasury Department
- Collaborated/coordinated activity with OIG’s Office of Investigations, Office of Audit Services (OAS), Office of Evaluation and Inspections (OEI), Medicaid Fraud Control Units, State Offices of Inspector General, and CMS’s Office of General Counsel and Center for Program Integrity, as well as Medicare contractors and fiscal intermediaries (e.g., MACs, RACs, UPICs, ZPICs, etc.)
- Expanded OIG’s use of data analytics and leveraged reports from OIG’s OAS and OEI to identify and pursue targets for potential CMPL violations
July 3, 2024|Firm News
David Traskey Discusses Potential Impact of Supreme Court Ruling on Federal Health Agency Fines with Politico ProDavid Traskey was quoted in a Politico Pro article discussing a Supreme Court decision that could significantly affect the federal health agencies' authority to impose fines.
May 13, 2024|Media Mentions
David Traskey was Quoted in the Health Care Compliance Association’s Report on Medicare Compliance (Volume 33, Number 18)David Traskey was quoted in the article, "Baptist Health Settles FCA Case Over Copay Waivers, Benefited From DOJ Cooperation Credit", in the Report on Medicare Compliance published by the Health Care Compliance Association (HCCA).
December 8, 2023|Media Mentions
David Traskey was Quoted in the Health Care Compliance Association’s Report on Medicare Compliance (Volume 32, Number 43)Garfunkel Wild’s David Traskey, Partner and former Senior Counsel with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) was quoted in the article, "Health System, Cardiologist Settle Related FCA Cases Over Cath Procedures, Admissions".
October 30, 2023|Media Mentions
David Traskey was Quoted in the Health Care Compliance Association’s Report on Medicare ComplianceGarfunkel Wild’s David Traskey, Partner and former Senior Counsel with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) was quoted in the article, "Exagen Settles FCA Case for Restitution, Paid Physicians Specimen Fees Despite OIG Alert".
October 12, 2023|Firm News
Garfunkel Wild’s New DC Office Featured in Law 360Garfunkel Wild Chairman Andrew Blustein and Partners David Traskey and David Morrissy, are quoted in the Law360 article, “Health Care Firm Garfunkel Wild Opens DC Office.”
October 12, 2023|Firm News
Washington Business Journal Features Garfunkel Wild’s New DC OfficeGarfunkel Wild’s new Washington, DC office was featured in the Washington Business Journal.
October 10, 2023|Firm News
Garfunkel Wild Opens Washington, D.C. OfficeGarfunkel Wild, P.C. is pleased to announce the opening of an office in Washington, D.C., and to welcome two D.C.-based partners, David Morrissy and David Traskey, to co-head the expansion. The D.C. location marks the firm's sixth office in the United States and the second opened in the past two years.
August 31, 2023|Media Mentions
David Traskey Quoted in the Health Care Compliance Association’s Report on Medicare ComplianceIn the article, David gives an OIG insider’s view of the self-disclosure protocol (SDP).
June 2, 2023|Media Mentions
Law360 Article Highlights David Traskey Joining the FirmGarfunkel Wild Chairman Andrew Blustein and Partners David Traskey and Robert A. Del Giorno, are quoted in a Law360 article, “Longtime Gov't Health Care Atty Joins Garfunkel Wild,” regarding David joining the firm.
May 31, 2023|Firm News
Former HHS-OIG Senior Attorney Joins Garfunkel WildGarfunkel Wild is pleased to announce that David Traskey, former Senior Counsel with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), has joined the firm as Partner in its Investigations, Audits, and Regulatory Compliance Practice Group.
August 27, 2024|Firm News
David Traskey Was Quoted in the Health Care Compliance Association’s Report on Medicare Compliance (Volume 33, Number 31)Garfunkel Wild’s David Traskey, Partner and former Senior Counsel with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) was quoted in the article, "Hospital Settles CMP Case Over Inpatient Admissions; Another OIG Short-Stay Audit Looms", in Report on Medicare Compliance (Volume 33, Number 31) published by the Health Care Compliance Association (HCCA).
December 30, 2024|Media Mentions
David Traskey Quoted in the HCCA’s Report on Medicare Compliance (Volume 33, Number 45)Garfunkel Wild’s David Traskey, Partner and former Senior Counsel with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) was quoted in the article, "Hospital Pays $10M in FCA Settlement, Data-Only Whistleblower Focused on MCCs, Short Stays", in the Report on Medicare Compliance (Volume 33, Number 45) published by the Health Care Compliance Association (HCCA).
February 19, 2025|Alerts
OIG Approves Certification of Heavy Assistance ProgramThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (25-01) allowing a Pharmaceutical Company (Company) to provide free access to its U.S. Food and Drug Administration (FDA)-approved product (Product) for eligible patients with mild cognitive impairment or disease-related dementia and related symptoms.
February 19, 2025|Alerts
Another Win for Patient Assistant ProgramsThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-13) allowing a pharmaceutical manufacturer (Manufacturer) to provide transportation, lodging, meal vouchers, and other authorized expenses to eligible patients receiving Manufacturer’s one-time, potentially curative treatment product (Product).
February 19, 2025|Alerts
OIG Opinion is a Win for PatientsThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-12) allowing a pharmaceutical manufacturer (Manufacturer) to sponsor a genetic testing, genetic counseling, and disease-state awareness education program for certain eligible patients with an “ultra-rare” genetic condition that causes kidney stones.
February 19, 2025|Alerts
OIG Greenlights Free Vaccine ProgramThe U.S. Department of Health and Human Services, Office of Inspector General (OIG), posted a favorable Advisory Opinion (24-11) allowing a pharmaceutical manufacturer (Manufacturer) to provide free meningococcal vaccinations to eligible patients, including Federal health care program enrollees who receive Manufacturer’s U.S. Food and Drug Administration (FDA)-approved products that treat rare disorders.
February 19, 2025|Alerts
OIG Gives Discount Program Favorable TreatmentThe U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-10) allowing the expansion of an existing loyalty program offered by a medical and dental supply distributor (Company) to its member customers (Customers), while cautioning that “discount” programs are typically high risk.
February 19, 2025|Alerts
Marketing Arrangements on the Hot SeatOn December 11, 2024, the U.S. Department of Health and Human Services, Office of the Inspector General (OIG) published a Special Fraud Alert in response to the uptick in abusive marketing practices between Medicare Advantage Organizations (MAOs), health care providers, and ancillary participants (such as agents and brokers).
January 22, 2025|Alerts
Second Circuit Adopts “One Purpose” TestThe United States Court of Appeals for the Second Circuit (Second Circuit or Court), which has Federal jurisdiction in Connecticut, New York, and Vermont, recently issued an important decision regarding health care provider liability under the False Claims Act (FCA) when a whistleblower alleges a violation of the Anti-Kickback Statute (AKS). The Second Circuit explicitly adopted the “one purpose” test for the first time to determine whether a financial arrangement between a provider and a referral source violates the AKS, and thus potentially subjects the parties to substantial fines and penalties under the FCA.
December 11, 2024|Alerts
New DOJ Report: Providers BewareLast week, the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) released its annual, jointly authored Health Care Fraud and Abuse Control Program Report (the Report) for Fiscal Year 2023.
December 11, 2024|Alerts
New OIG Priorities Emerge in ReportThe U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG) released its Semiannual Report (SAR) to Congress on December 4, 2024.
December 4, 2024|Events
Navigating HHS-OIG’s New Compliance Guidance for Nursing Facilities: Key Risks, Mitigation Strategies, and Evaluation ConsiderationsGarfunkel Wild’s Robert Del Giorno, David Traskey, and Colleen Pierson will present the webinar “Navigating HHS-OIG’s New Compliance Guidance for Nursing Facilities: Key Risks, Mitigation Strategies, and Evaluation Considerations” on December 17, 2024, from 12:00 PM – 1:00 PM ET.
November 21, 2024|Alerts
OIG Highlights New ConcernsThis week, the U.S. Department of Health and Human Services (“HHS”), Office of Inspector General (“OIG”) fulfilled its annual statutory obligation by releasing its 2024 Top Management and Performance Challenges Report (the “Report”). Historically, the Report has not attracted widespread interest in the provider community because it largely focuses on HHS operational challenges. Importantly for providers and other stakeholders, however, the Report reveals crucial insights about compliance priorities for the year ahead.
September 19, 2024|Alerts
OIG Nixes Medicare Advantage Gainsharing PaymentsThe U.S. Department of Health and Human Services, Office of Inspector General (the “OIG”) posted an unfavorable Advisory Opinion (24-08) prohibiting a Corporation offering Medicare Advantage (“MA”), MA-Prescription Drug (“PD”), and MA/MA-PD Employer Group Waiver Plans (“EGWPs”) from sharing a percentage of its savings with its covered groups via a gainshare payment (“Payment”).
September 16, 2024|Events
Hospice & Palliative Care Network of Maryland Annual Conference 2024Garfunkel Wild's David Traskey will present "Hospice Compliance Trends and an Inside Look at HHS-OIG" at the Hospice & Palliative Care Network of Maryland Annual Conference.
August 5, 2024|Alerts
OIG Approves Patient Travel, but Not Fertility ServicesOIG 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.
July 1, 2024|Alerts
OIG Approves Drug Refund and Discount ProgramThe OIG's trend of ensuring access to care in compelling circumstances continued with a recent opinion allowing a pharmaceutical affiliate to refund, waive, or delay payment for a drug treating a rare, fatal pediatric immunodeficiency disorder.
June 24, 2024|Alerts
OIG Greenlights Gene Therapy Assistance ProgramThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-03) permitting a pharmaceutical manufacturer (Manufacturer) to provide financial assistance to qualified patients undergoing its gene therapy treatment for two severe genetic conditions.
June 6, 2024|Alerts
OIG Report Highlights Enforcement PrioritiesThe 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.
May 2, 2024|Events
National Health Care Decisions Day: Know Your Choices, Share Your WishesPlanning for end-of-life medical care and estate planning can be daunting, but failing to put your affairs in order can leave your family with difficult decisions, increased expenses, and outcomes you didn’t intend. Join our webinar as Garfunkel Wild attorneys explain the legal documents every person should have
April 18, 2024|Alerts
OIG Allows Patient Assistance Programs Funded by Drug ManufacturersThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-02) permitting a non-profit organization (Non-Profit) to provide financial support to eligible patients with specific rare diseases through assistance programs (Programs) it operates.
April 17, 2024|Events
HHS-OIG’s Plan for Oversight of Managed Care Programs: How the New Plan Impacts ProvidersThis Health Care Compliance webinar session will review HHS-OIG’s recently issued strategic plan for oversight of Medicare Managed Care and discuss the impact these initiatives could have on providers who participate in Medicare Advantage plans.
March 1, 2024|Alerts
OIG Issues New Resource for Single AuditsThe 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.
January 30, 2024|Alerts
New York OMIG Updates Self-Disclosure GuidanceThe 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.
January 17, 2024|Alerts
OMIG’s 2024 Work Plan Gives Critical Insights into Program Integrity InitiativesThe New York State Office of the Medicaid Inspector General (OMIG) released its 2024 work plan in furtherance of its mission to coordinate and conduct activities to prevent, detect and investigate medical assistance program fraud, waste and abuse, and to recover improperly expended Medicaid funds.
January 17, 2024|Alerts
OIG’s Newest Strategic Plan Prioritizes Managed Care OversightThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) recently designated oversight of managed care as a “priority area”, and developed a coordinated strategic plan (the Plan) to better align its audits, evaluations, investigations, and enforcement of managed care.
January 17, 2024|Alerts
OIG Issues Toolkit for Medicare Advantage OrganizationsThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) released a new toolkit to help Medicare Advantage (MA) organizations replicate OIG audit methodologies to detect and correct inaccurate diagnosis codes in their own systems.
January 17, 2024|Alerts
OIG Approves Use of Gift Cards for Referrals in Certification-Heavy Advisory OpinionThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (23-15) permitting a consulting company’s (Consultant) proposal to offer gift cards to its current physician practice customers for referring potential new physician practice customers to Consultant. Notably, OIG determined that the proposed arrangement did not implicate the Anti-Kickback Statute (AKS).
January 17, 2024|Alerts
OIG Approves Creative Approach to Restructuring Medical Practice PartnershipsThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (23-12) that allows a limited liability partnership (the Partnership) consisting of two classes of physician partners to make a one-time, voluntary redemption offer (offer) to individual partners when they reach age 67.
January 17, 2024|Alerts
Favorable OIG Advisory Opinion Allows Subsidies for FDA-Approved Clinical StudiesThe 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.
December 21, 2023|Alerts
OIG’s Favorable Advisory Opinions Allow Incentives to Medigap Plan PolicyholdersThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted two favorable Advisory Opinions (23-09 and 23-10) to allow a licensed offeror of Medicare Supplemental Health Insurance (Medigap Plan) policies and a preferred health organization (PHO) (collectively, “the requestors”) to incentivize Medigap Plan policyholders to seek inpatient care from a hospital within the PHO’s network. Notably, OIG issued these favorable opinions even though the proposed incentives implicated the Anti-Kickback Statute (AKS) and the Beneficiary Inducement Civil Money Penalty (CMP), and there was no applicable exception or safe harbor.
December 21, 2023|Alerts
More Provider “Nuggets” From OIG’s Year-End Reporting BlitzContinuing 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.
November 30, 2023|Alerts
DOJ/HHS Jointly Release “Highlight Reel” ReportThis week, the United States Department of Justice (DOJ) and the United States Department of Health and Human Services (HHS) fulfilled its annual statutory obligation by releasing its jointly-authored Health Care Fraud and Abuse Control Program (HCFAC) Report for Fiscal Year 2022.
November 20, 2023|Alerts
OIG Provides Roadmap to Hot-Button IssuesThe OIG fulfilled its annual statutory obligation by releasing its Top Management and Performance Challenges (TMC) document. Providers should take note because the document provides important insight into the specific areas over which HHS (and the OIG) will remain focused.
November 7, 2023|Alerts
OIG Releases New General Compliance Program Reference GuideOn November 6, 2023, the OIG released its General Compliance Program Guidance, the first in a series of new, non-binding reference guides designed to share information with health care compliance professionals and other health care industry stakeholders
November 1, 2023|Alerts
OIG Issues Unfavorable Opinion on Supplying Free DeviceOn October 25, 2023, the OIG posted Advisory Opinion 23-08, an unfavorable opinion regarding a cochlear implant manufacturer’s proposal to offer and provide a free compatible hearing aid to eligible patients.
October 26, 2023|Alerts
Favorable Employee Bonus Opinion on ASC ProfitsOn October 13, 2023, the U.S. Department of Health and Human Services, Office of the Inspector General (OIG) posted Advisory Opinion 23-07, a favorable opinion regarding an employer’s proposal to pay bonuses to its employed physicians based on net profits derived from certain outpatient surgical procedures the employed physicians perform at the employer’s two planned ambulatory surgery centers (ASCs).
October 25, 2023|Events
The Inside Scoop: A Behind-the-Scenes Look at HHS-OIG (Part III)Join Garfunkel Wild’s Robert A. Del Giorno and David Traskey, former Senior Counsel with the HHS-OIG as they delve into HHS-OIG’s inner workings.
September 20, 2023|Events
The Inside Scoop: A Behind-the-Scenes Look at HHS-OIG (Part II)Join Garfunkel Wild’s Robert A. Del Giorno and John G. Martin for a discussion with David Traskey, the firm’s newest Partner and former Senior Counsel with the HHS-OIG as they delve into HHS-OIG’s inner workings.
August 25, 2023|Alerts
OMIG Updates Self Disclosure Program With Streamlined Process for Routine OverpaymentsOn August 21, 2023, the New York State Office of the Medicaid Inspector General (OMIG) updated its Self-Disclosure Program to provide a new pathway for all Medicaid-program entities and providers to report, return, and explain overpayments.
August 8, 2023|Events
The Inside Scoop: A Behind-the-Scenes Look at HHS-OIG (Part I)Join Garfunkel Wild’s Robert A. Del Giorno and John G. Martin for a discussion with David Traskey, the firm’s newest Partner and former Senior Counsel with the HHS-OIG as they delve into HHS-OIG’s inner workings.
July 6, 2023|Alerts
HHS-OIG Posts Final Rule Implementing Information Blocking PenaltiesOn June 27, 2023, and in response to the 21st Century Cures Act (Cures Act), the U.S. Department of Health and Human Services, Office of the Inspector General (HHS-OIG) posted a final rule that amended its Civil Money Penalty (CMP) regulations to authorize penalties of up to $1 million per violation.
Additional speaking & writing
Speeches and Events
- Co-Panelist, Hot Topics in Fraud and Abuse, American Health Lawyers Association, Institute on Medicare and Medicaid Payment Issues (2017)
Publications
- Maximizing VA Benefits for Survivors of Military Sexual Trauma: A Practical Guide for Survivors and Their Advocates (co-authored), 26 Columbia J. Gender & L. 2 (2014)
David Traskey, co-head of the Firm’s Washington, DC Office, advises individuals and entities involved in government investigations, guides clients on corporate compliance and governance matters, and litigates civil and white-collar healthcare fraud cases. Prior to joining Garfunkel Wild, David served as Senior Counsel with the United States Department of Health and Human Services (HHS), Office of Inspector General (OIG).
David’s unique expertise in health care enforcement and compliance provides clients with specialized insight into federal investigations and enforcement actions based on his knowledge of the government’s case identification strategies, its legal theories, and its interpretation of the applicable laws, rules, and regulations. His HHS-OIG experience also allows him to share critical information with clients about the government’s corporate governance expectations and compliance best practices.
David routinely provides advice to clients on fraud and abuse issues, including matters arising under the False Claims Act, the Anti-Kickback Statute, the physician self-referral law (Stark Law), federal healthcare reimbursement, and other regulations promulgated by the Centers for Medicare & Medicaid Services, the Food and Drug Administration, and HHS-OIG. He also counsels clients about risk mitigation strategies, implementing compliance safeguards, responding to investigations or audits, identifying and returning overpayments, and submitting OIG self-disclosures.
In his role at HHS-OIG, David represented HHS-OIG in litigation and settlements under the Civil Monetary Penalties Law and False Claims Act, collaboratively recovering over $118 million. He litigated appeals of provider exclusions before HHS’s Departmental Appeals Board and served as an advisor in subsequent appeals to U.S. District Court. He expanded OIG’s use of data analytics, and served as Litigation Hold Coordinator and the Affirmative Litigation Branch Component Liaison, where he provided related guidance and training to all OIG components on a variety of topics.
David’s government service roles span nearly two decades including time served as an attorney with the United States Department of Veterans Affairs (VA), OIG. There, he represented VAOIG before the Merit Systems Protection Board and Equal Employment Opportunity Commission, advised management on employee relations and human resources issues, and prepared referrals to VA’s suspension and debarment committee. David also served as an Acting Veterans Law Judge at VA’s Board of Veterans’ Appeals where he supervised a team of attorneys, conducted administrative hearings with veterans, and adjudicated veterans’ benefits appeals. Upon law school graduation, David clerked for Hon. Cheryl Johnson of the Court of Criminal Appeals of Texas, the court of last resort for all criminal matters in the state.
David is a Certified Fraud Examiner (CFE), certified by the Association of Certified Fraud Examiners (ACFE).
- Reviewed and resolved OIG self-disclosures
- Reviewed referrals from DOJ, OIG components, and Medicare contractors and made recommendations to OIG leaders about legal theories and case projects
- Issued document subpoenas, took testimonial subpoenas, and consulted with DOJ on civil investigative demands
- Initiated and resolved health care or grant fraud cases brought under the Civil Monetary Penalties Law (CMPL)
- Represented OIG in provider exclusion appeals before HHS administrative law judges and served as advisor to DOJ in subsequent U.S. District Court appeals
- Represented OIG in settlements with DOJ of civil False Claims Act (FCA) cases
- Negotiated and monitored provider integrity agreements arising from FCA or CMPL settlements
- Provided guidance on the Anti-Kickback Statute, Stark Law, and rules and regulations from CMS, the U.S. Food and Drug Administration, the Drug Enforcement Agency, and the U.S. Treasury Department
- Collaborated/coordinated activity with OIG’s Office of Investigations, Office of Audit Services (OAS), Office of Evaluation and Inspections (OEI), Medicaid Fraud Control Units, State Offices of Inspector General, and CMS’s Office of General Counsel and Center for Program Integrity, as well as Medicare contractors and fiscal intermediaries (e.g., MACs, RACs, UPICs, ZPICs, etc.)
- Expanded OIG’s use of data analytics and leveraged reports from OIG’s OAS and OEI to identify and pursue targets for potential CMPL violations
July 1, 2024
OIG Approves Drug Refund and Discount ProgramThe OIG's trend of ensuring access to care in compelling circumstances continued with a recent opinion allowing a pharmaceutical affiliate to refund, waive, or delay payment for a drug treating a rare, fatal pediatric immunodeficiency disorder.
June 24, 2024
OIG Greenlights Gene Therapy Assistance ProgramThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-03) permitting a pharmaceutical manufacturer (Manufacturer) to provide financial assistance to qualified patients undergoing its gene therapy treatment for two severe genetic conditions.
June 6, 2024
OIG Report Highlights Enforcement PrioritiesThe 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.
April 18, 2024
OIG Allows Patient Assistance Programs Funded by Drug ManufacturersThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-02) permitting a non-profit organization (Non-Profit) to provide financial support to eligible patients with specific rare diseases through assistance programs (Programs) it operates.
March 1, 2024
OIG Issues New Resource for Single AuditsThe 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.
January 30, 2024
New York OMIG Updates Self-Disclosure GuidanceThe 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.
January 17, 2024
Favorable OIG Advisory Opinion Allows Subsidies for FDA-Approved Clinical StudiesThe 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.
January 17, 2024
OIG Approves Creative Approach to Restructuring Medical Practice PartnershipsThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (23-12) that allows a limited liability partnership (the Partnership) consisting of two classes of physician partners to make a one-time, voluntary redemption offer (offer) to individual partners when they reach age 67.
January 17, 2024
OIG Approves Use of Gift Cards for Referrals in Certification-Heavy Advisory OpinionThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (23-15) permitting a consulting company’s (Consultant) proposal to offer gift cards to its current physician practice customers for referring potential new physician practice customers to Consultant. Notably, OIG determined that the proposed arrangement did not implicate the Anti-Kickback Statute (AKS).
January 17, 2024
OIG Issues Toolkit for Medicare Advantage OrganizationsThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) released a new toolkit to help Medicare Advantage (MA) organizations replicate OIG audit methodologies to detect and correct inaccurate diagnosis codes in their own systems.
January 17, 2024
OIG’s Newest Strategic Plan Prioritizes Managed Care OversightThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) recently designated oversight of managed care as a “priority area”, and developed a coordinated strategic plan (the Plan) to better align its audits, evaluations, investigations, and enforcement of managed care.
January 17, 2024
OMIG’s 2024 Work Plan Gives Critical Insights into Program Integrity InitiativesThe New York State Office of the Medicaid Inspector General (OMIG) released its 2024 work plan in furtherance of its mission to coordinate and conduct activities to prevent, detect and investigate medical assistance program fraud, waste and abuse, and to recover improperly expended Medicaid funds.
December 21, 2023
More Provider “Nuggets” From OIG’s Year-End Reporting BlitzContinuing 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.
December 21, 2023
OIG’s Favorable Advisory Opinions Allow Incentives to Medigap Plan PolicyholdersThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted two favorable Advisory Opinions (23-09 and 23-10) to allow a licensed offeror of Medicare Supplemental Health Insurance (Medigap Plan) policies and a preferred health organization (PHO) (collectively, “the requestors”) to incentivize Medigap Plan policyholders to seek inpatient care from a hospital within the PHO’s network. Notably, OIG issued these favorable opinions even though the proposed incentives implicated the Anti-Kickback Statute (AKS) and the Beneficiary Inducement Civil Money Penalty (CMP), and there was no applicable exception or safe harbor.
November 30, 2023
DOJ/HHS Jointly Release “Highlight Reel” ReportThis week, the United States Department of Justice (DOJ) and the United States Department of Health and Human Services (HHS) fulfilled its annual statutory obligation by releasing its jointly-authored Health Care Fraud and Abuse Control Program (HCFAC) Report for Fiscal Year 2022.
November 20, 2023
OIG Provides Roadmap to Hot-Button IssuesThe OIG fulfilled its annual statutory obligation by releasing its Top Management and Performance Challenges (TMC) document. Providers should take note because the document provides important insight into the specific areas over which HHS (and the OIG) will remain focused.
November 7, 2023
OIG Releases New General Compliance Program Reference GuideOn November 6, 2023, the OIG released its General Compliance Program Guidance, the first in a series of new, non-binding reference guides designed to share information with health care compliance professionals and other health care industry stakeholders
November 1, 2023
OIG Issues Unfavorable Opinion on Supplying Free DeviceOn October 25, 2023, the OIG posted Advisory Opinion 23-08, an unfavorable opinion regarding a cochlear implant manufacturer’s proposal to offer and provide a free compatible hearing aid to eligible patients.
October 26, 2023
Favorable Employee Bonus Opinion on ASC ProfitsOn October 13, 2023, the U.S. Department of Health and Human Services, Office of the Inspector General (OIG) posted Advisory Opinion 23-07, a favorable opinion regarding an employer’s proposal to pay bonuses to its employed physicians based on net profits derived from certain outpatient surgical procedures the employed physicians perform at the employer’s two planned ambulatory surgery centers (ASCs).
July 6, 2023
HHS-OIG Posts Final Rule Implementing Information Blocking PenaltiesOn June 27, 2023, and in response to the 21st Century Cures Act (Cures Act), the U.S. Department of Health and Human Services, Office of the Inspector General (HHS-OIG) posted a final rule that amended its Civil Money Penalty (CMP) regulations to authorize penalties of up to $1 million per violation.
May 2, 2024
National Health Care Decisions Day: Know Your Choices, Share Your WishesPlanning for end-of-life medical care and estate planning can be daunting, but failing to put your affairs in order can leave your family with difficult decisions, increased expenses, and outcomes you didn’t intend. Join our webinar as Garfunkel Wild attorneys explain the legal documents every person should have
April 17, 2024
HHS-OIG’s Plan for Oversight of Managed Care Programs: How the New Plan Impacts ProvidersThis Health Care Compliance webinar session will review HHS-OIG’s recently issued strategic plan for oversight of Medicare Managed Care and discuss the impact these initiatives could have on providers who participate in Medicare Advantage plans.
October 25, 2023
The Inside Scoop: A Behind-the-Scenes Look at HHS-OIG (Part III)Join Garfunkel Wild’s Robert A. Del Giorno and David Traskey, former Senior Counsel with the HHS-OIG as they delve into HHS-OIG’s inner workings.
September 20, 2023
The Inside Scoop: A Behind-the-Scenes Look at HHS-OIG (Part II)Join Garfunkel Wild’s Robert A. Del Giorno and John G. Martin for a discussion with David Traskey, the firm’s newest Partner and former Senior Counsel with the HHS-OIG as they delve into HHS-OIG’s inner workings.
August 8, 2023
The Inside Scoop: A Behind-the-Scenes Look at HHS-OIG (Part I)Join Garfunkel Wild’s Robert A. Del Giorno and John G. Martin for a discussion with David Traskey, the firm’s newest Partner and former Senior Counsel with the HHS-OIG as they delve into HHS-OIG’s inner workings.
August 5, 2024
OIG Approves Patient Travel, but Not Fertility ServicesOIG 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.
August 25, 2023
OMIG Updates Self Disclosure Program With Streamlined Process for Routine OverpaymentsOn August 21, 2023, the New York State Office of the Medicaid Inspector General (OMIG) updated its Self-Disclosure Program to provide a new pathway for all Medicaid-program entities and providers to report, return, and explain overpayments.
September 16, 2024
Hospice & Palliative Care Network of Maryland Annual Conference 2024Garfunkel Wild's David Traskey will present "Hospice Compliance Trends and an Inside Look at HHS-OIG" at the Hospice & Palliative Care Network of Maryland Annual Conference.
September 19, 2024
OIG Nixes Medicare Advantage Gainsharing PaymentsThe U.S. Department of Health and Human Services, Office of Inspector General (the “OIG”) posted an unfavorable Advisory Opinion (24-08) prohibiting a Corporation offering Medicare Advantage (“MA”), MA-Prescription Drug (“PD”), and MA/MA-PD Employer Group Waiver Plans (“EGWPs”) from sharing a percentage of its savings with its covered groups via a gainshare payment (“Payment”).
November 21, 2024
OIG Highlights New ConcernsThis week, the U.S. Department of Health and Human Services (“HHS”), Office of Inspector General (“OIG”) fulfilled its annual statutory obligation by releasing its 2024 Top Management and Performance Challenges Report (the “Report”). Historically, the Report has not attracted widespread interest in the provider community because it largely focuses on HHS operational challenges. Importantly for providers and other stakeholders, however, the Report reveals crucial insights about compliance priorities for the year ahead.
December 4, 2024
Navigating HHS-OIG’s New Compliance Guidance for Nursing Facilities: Key Risks, Mitigation Strategies, and Evaluation ConsiderationsGarfunkel Wild’s Robert Del Giorno, David Traskey, and Colleen Pierson will present the webinar “Navigating HHS-OIG’s New Compliance Guidance for Nursing Facilities: Key Risks, Mitigation Strategies, and Evaluation Considerations” on December 17, 2024, from 12:00 PM – 1:00 PM ET.
December 11, 2024
New OIG Priorities Emerge in ReportThe U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG) released its Semiannual Report (SAR) to Congress on December 4, 2024.
December 11, 2024
New DOJ Report: Providers BewareLast week, the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) released its annual, jointly authored Health Care Fraud and Abuse Control Program Report (the Report) for Fiscal Year 2023.
February 19, 2025
Marketing Arrangements on the Hot SeatOn December 11, 2024, the U.S. Department of Health and Human Services, Office of the Inspector General (OIG) published a Special Fraud Alert in response to the uptick in abusive marketing practices between Medicare Advantage Organizations (MAOs), health care providers, and ancillary participants (such as agents and brokers).
February 19, 2025
OIG Gives Discount Program Favorable TreatmentThe U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-10) allowing the expansion of an existing loyalty program offered by a medical and dental supply distributor (Company) to its member customers (Customers), while cautioning that “discount” programs are typically high risk.
February 19, 2025
OIG Greenlights Free Vaccine ProgramThe U.S. Department of Health and Human Services, Office of Inspector General (OIG), posted a favorable Advisory Opinion (24-11) allowing a pharmaceutical manufacturer (Manufacturer) to provide free meningococcal vaccinations to eligible patients, including Federal health care program enrollees who receive Manufacturer’s U.S. Food and Drug Administration (FDA)-approved products that treat rare disorders.
February 19, 2025
OIG Opinion is a Win for PatientsThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-12) allowing a pharmaceutical manufacturer (Manufacturer) to sponsor a genetic testing, genetic counseling, and disease-state awareness education program for certain eligible patients with an “ultra-rare” genetic condition that causes kidney stones.
February 19, 2025
Another Win for Patient Assistant ProgramsThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-13) allowing a pharmaceutical manufacturer (Manufacturer) to provide transportation, lodging, meal vouchers, and other authorized expenses to eligible patients receiving Manufacturer’s one-time, potentially curative treatment product (Product).
February 19, 2025
OIG Approves Certification of Heavy Assistance ProgramThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (25-01) allowing a Pharmaceutical Company (Company) to provide free access to its U.S. Food and Drug Administration (FDA)-approved product (Product) for eligible patients with mild cognitive impairment or disease-related dementia and related symptoms.
January 22, 2025
Second Circuit Adopts “One Purpose” TestThe United States Court of Appeals for the Second Circuit (Second Circuit or Court), which has Federal jurisdiction in Connecticut, New York, and Vermont, recently issued an important decision regarding health care provider liability under the False Claims Act (FCA) when a whistleblower alleges a violation of the Anti-Kickback Statute (AKS). The Second Circuit explicitly adopted the “one purpose” test for the first time to determine whether a financial arrangement between a provider and a referral source violates the AKS, and thus potentially subjects the parties to substantial fines and penalties under the FCA.
February 19, 2025|Alerts
OIG Approves Certification of Heavy Assistance ProgramThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (25-01) allowing a Pharmaceutical Company (Company) to provide free access to its U.S. Food and Drug Administration (FDA)-approved product (Product) for eligible patients with mild cognitive impairment or disease-related dementia and related symptoms.
February 19, 2025|Alerts
Another Win for Patient Assistant ProgramsThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-13) allowing a pharmaceutical manufacturer (Manufacturer) to provide transportation, lodging, meal vouchers, and other authorized expenses to eligible patients receiving Manufacturer’s one-time, potentially curative treatment product (Product).
February 19, 2025|Alerts
OIG Opinion is a Win for PatientsThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-12) allowing a pharmaceutical manufacturer (Manufacturer) to sponsor a genetic testing, genetic counseling, and disease-state awareness education program for certain eligible patients with an “ultra-rare” genetic condition that causes kidney stones.
February 19, 2025|Alerts
OIG Greenlights Free Vaccine ProgramThe U.S. Department of Health and Human Services, Office of Inspector General (OIG), posted a favorable Advisory Opinion (24-11) allowing a pharmaceutical manufacturer (Manufacturer) to provide free meningococcal vaccinations to eligible patients, including Federal health care program enrollees who receive Manufacturer’s U.S. Food and Drug Administration (FDA)-approved products that treat rare disorders.
February 19, 2025|Alerts
OIG Gives Discount Program Favorable TreatmentThe U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-10) allowing the expansion of an existing loyalty program offered by a medical and dental supply distributor (Company) to its member customers (Customers), while cautioning that “discount” programs are typically high risk.
February 19, 2025|Alerts
Marketing Arrangements on the Hot SeatOn December 11, 2024, the U.S. Department of Health and Human Services, Office of the Inspector General (OIG) published a Special Fraud Alert in response to the uptick in abusive marketing practices between Medicare Advantage Organizations (MAOs), health care providers, and ancillary participants (such as agents and brokers).
January 22, 2025|Alerts
Second Circuit Adopts “One Purpose” TestThe United States Court of Appeals for the Second Circuit (Second Circuit or Court), which has Federal jurisdiction in Connecticut, New York, and Vermont, recently issued an important decision regarding health care provider liability under the False Claims Act (FCA) when a whistleblower alleges a violation of the Anti-Kickback Statute (AKS). The Second Circuit explicitly adopted the “one purpose” test for the first time to determine whether a financial arrangement between a provider and a referral source violates the AKS, and thus potentially subjects the parties to substantial fines and penalties under the FCA.
December 11, 2024|Alerts
New DOJ Report: Providers BewareLast week, the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) released its annual, jointly authored Health Care Fraud and Abuse Control Program Report (the Report) for Fiscal Year 2023.
December 11, 2024|Alerts
New OIG Priorities Emerge in ReportThe U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG) released its Semiannual Report (SAR) to Congress on December 4, 2024.
December 4, 2024|Events
Navigating HHS-OIG’s New Compliance Guidance for Nursing Facilities: Key Risks, Mitigation Strategies, and Evaluation ConsiderationsGarfunkel Wild’s Robert Del Giorno, David Traskey, and Colleen Pierson will present the webinar “Navigating HHS-OIG’s New Compliance Guidance for Nursing Facilities: Key Risks, Mitigation Strategies, and Evaluation Considerations” on December 17, 2024, from 12:00 PM – 1:00 PM ET.
November 21, 2024|Alerts
OIG Highlights New ConcernsThis week, the U.S. Department of Health and Human Services (“HHS”), Office of Inspector General (“OIG”) fulfilled its annual statutory obligation by releasing its 2024 Top Management and Performance Challenges Report (the “Report”). Historically, the Report has not attracted widespread interest in the provider community because it largely focuses on HHS operational challenges. Importantly for providers and other stakeholders, however, the Report reveals crucial insights about compliance priorities for the year ahead.
September 19, 2024|Alerts
OIG Nixes Medicare Advantage Gainsharing PaymentsThe U.S. Department of Health and Human Services, Office of Inspector General (the “OIG”) posted an unfavorable Advisory Opinion (24-08) prohibiting a Corporation offering Medicare Advantage (“MA”), MA-Prescription Drug (“PD”), and MA/MA-PD Employer Group Waiver Plans (“EGWPs”) from sharing a percentage of its savings with its covered groups via a gainshare payment (“Payment”).
September 16, 2024|Events
Hospice & Palliative Care Network of Maryland Annual Conference 2024Garfunkel Wild's David Traskey will present "Hospice Compliance Trends and an Inside Look at HHS-OIG" at the Hospice & Palliative Care Network of Maryland Annual Conference.
August 5, 2024|Alerts
OIG Approves Patient Travel, but Not Fertility ServicesOIG 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.
July 1, 2024|Alerts
OIG Approves Drug Refund and Discount ProgramThe OIG's trend of ensuring access to care in compelling circumstances continued with a recent opinion allowing a pharmaceutical affiliate to refund, waive, or delay payment for a drug treating a rare, fatal pediatric immunodeficiency disorder.
June 24, 2024|Alerts
OIG Greenlights Gene Therapy Assistance ProgramThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-03) permitting a pharmaceutical manufacturer (Manufacturer) to provide financial assistance to qualified patients undergoing its gene therapy treatment for two severe genetic conditions.
June 6, 2024|Alerts
OIG Report Highlights Enforcement PrioritiesThe 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.
May 2, 2024|Events
National Health Care Decisions Day: Know Your Choices, Share Your WishesPlanning for end-of-life medical care and estate planning can be daunting, but failing to put your affairs in order can leave your family with difficult decisions, increased expenses, and outcomes you didn’t intend. Join our webinar as Garfunkel Wild attorneys explain the legal documents every person should have
April 18, 2024|Alerts
OIG Allows Patient Assistance Programs Funded by Drug ManufacturersThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-02) permitting a non-profit organization (Non-Profit) to provide financial support to eligible patients with specific rare diseases through assistance programs (Programs) it operates.
April 17, 2024|Events
HHS-OIG’s Plan for Oversight of Managed Care Programs: How the New Plan Impacts ProvidersThis Health Care Compliance webinar session will review HHS-OIG’s recently issued strategic plan for oversight of Medicare Managed Care and discuss the impact these initiatives could have on providers who participate in Medicare Advantage plans.
March 1, 2024|Alerts
OIG Issues New Resource for Single AuditsThe 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.
January 30, 2024|Alerts
New York OMIG Updates Self-Disclosure GuidanceThe 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.
January 17, 2024|Alerts
OMIG’s 2024 Work Plan Gives Critical Insights into Program Integrity InitiativesThe New York State Office of the Medicaid Inspector General (OMIG) released its 2024 work plan in furtherance of its mission to coordinate and conduct activities to prevent, detect and investigate medical assistance program fraud, waste and abuse, and to recover improperly expended Medicaid funds.
January 17, 2024|Alerts
OIG’s Newest Strategic Plan Prioritizes Managed Care OversightThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) recently designated oversight of managed care as a “priority area”, and developed a coordinated strategic plan (the Plan) to better align its audits, evaluations, investigations, and enforcement of managed care.
January 17, 2024|Alerts
OIG Issues Toolkit for Medicare Advantage OrganizationsThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) released a new toolkit to help Medicare Advantage (MA) organizations replicate OIG audit methodologies to detect and correct inaccurate diagnosis codes in their own systems.
January 17, 2024|Alerts
OIG Approves Use of Gift Cards for Referrals in Certification-Heavy Advisory OpinionThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (23-15) permitting a consulting company’s (Consultant) proposal to offer gift cards to its current physician practice customers for referring potential new physician practice customers to Consultant. Notably, OIG determined that the proposed arrangement did not implicate the Anti-Kickback Statute (AKS).
January 17, 2024|Alerts
OIG Approves Creative Approach to Restructuring Medical Practice PartnershipsThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (23-12) that allows a limited liability partnership (the Partnership) consisting of two classes of physician partners to make a one-time, voluntary redemption offer (offer) to individual partners when they reach age 67.
January 17, 2024|Alerts
Favorable OIG Advisory Opinion Allows Subsidies for FDA-Approved Clinical StudiesThe 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.
December 21, 2023|Alerts
OIG’s Favorable Advisory Opinions Allow Incentives to Medigap Plan PolicyholdersThe U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted two favorable Advisory Opinions (23-09 and 23-10) to allow a licensed offeror of Medicare Supplemental Health Insurance (Medigap Plan) policies and a preferred health organization (PHO) (collectively, “the requestors”) to incentivize Medigap Plan policyholders to seek inpatient care from a hospital within the PHO’s network. Notably, OIG issued these favorable opinions even though the proposed incentives implicated the Anti-Kickback Statute (AKS) and the Beneficiary Inducement Civil Money Penalty (CMP), and there was no applicable exception or safe harbor.
December 21, 2023|Alerts
More Provider “Nuggets” From OIG’s Year-End Reporting BlitzContinuing 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.
November 30, 2023|Alerts
DOJ/HHS Jointly Release “Highlight Reel” ReportThis week, the United States Department of Justice (DOJ) and the United States Department of Health and Human Services (HHS) fulfilled its annual statutory obligation by releasing its jointly-authored Health Care Fraud and Abuse Control Program (HCFAC) Report for Fiscal Year 2022.
November 20, 2023|Alerts
OIG Provides Roadmap to Hot-Button IssuesThe OIG fulfilled its annual statutory obligation by releasing its Top Management and Performance Challenges (TMC) document. Providers should take note because the document provides important insight into the specific areas over which HHS (and the OIG) will remain focused.
November 7, 2023|Alerts
OIG Releases New General Compliance Program Reference GuideOn November 6, 2023, the OIG released its General Compliance Program Guidance, the first in a series of new, non-binding reference guides designed to share information with health care compliance professionals and other health care industry stakeholders
November 1, 2023|Alerts
OIG Issues Unfavorable Opinion on Supplying Free DeviceOn October 25, 2023, the OIG posted Advisory Opinion 23-08, an unfavorable opinion regarding a cochlear implant manufacturer’s proposal to offer and provide a free compatible hearing aid to eligible patients.
October 26, 2023|Alerts
Favorable Employee Bonus Opinion on ASC ProfitsOn October 13, 2023, the U.S. Department of Health and Human Services, Office of the Inspector General (OIG) posted Advisory Opinion 23-07, a favorable opinion regarding an employer’s proposal to pay bonuses to its employed physicians based on net profits derived from certain outpatient surgical procedures the employed physicians perform at the employer’s two planned ambulatory surgery centers (ASCs).
October 25, 2023|Events
The Inside Scoop: A Behind-the-Scenes Look at HHS-OIG (Part III)Join Garfunkel Wild’s Robert A. Del Giorno and David Traskey, former Senior Counsel with the HHS-OIG as they delve into HHS-OIG’s inner workings.
September 20, 2023|Events
The Inside Scoop: A Behind-the-Scenes Look at HHS-OIG (Part II)Join Garfunkel Wild’s Robert A. Del Giorno and John G. Martin for a discussion with David Traskey, the firm’s newest Partner and former Senior Counsel with the HHS-OIG as they delve into HHS-OIG’s inner workings.
August 25, 2023|Alerts
OMIG Updates Self Disclosure Program With Streamlined Process for Routine OverpaymentsOn August 21, 2023, the New York State Office of the Medicaid Inspector General (OMIG) updated its Self-Disclosure Program to provide a new pathway for all Medicaid-program entities and providers to report, return, and explain overpayments.
August 8, 2023|Events
The Inside Scoop: A Behind-the-Scenes Look at HHS-OIG (Part I)Join Garfunkel Wild’s Robert A. Del Giorno and John G. Martin for a discussion with David Traskey, the firm’s newest Partner and former Senior Counsel with the HHS-OIG as they delve into HHS-OIG’s inner workings.
July 6, 2023|Alerts
HHS-OIG Posts Final Rule Implementing Information Blocking PenaltiesOn June 27, 2023, and in response to the 21st Century Cures Act (Cures Act), the U.S. Department of Health and Human Services, Office of the Inspector General (HHS-OIG) posted a final rule that amended its Civil Money Penalty (CMP) regulations to authorize penalties of up to $1 million per violation.
Additional speaking & writing
Speeches and Events
- Co-Panelist, Hot Topics in Fraud and Abuse, American Health Lawyers Association, Institute on Medicare and Medicaid Payment Issues (2017)
Publications
- Maximizing VA Benefits for Survivors of Military Sexual Trauma: A Practical Guide for Survivors and Their Advocates (co-authored), 26 Columbia J. Gender & L. 2 (2014)
Education
- Real Estate and Infrastructure
- Political Science
Bar Admissions
Maryland
Washington, D.C.
New York
Court admissions
U.S. District Court: District of Maryland
AWARDS & RANKINGS
HHS-OIG
Inspector General’s Award for Advancing Innovation, Grant Analytics Portal (2019)
Inspector General’s Cooperative Achievement Award, SBIR Grant Team (2018)
Inspector General’s Award for Quality, Safety, and Value, Hospice Team (2017)
VAOIG
Employee of the Year and Special Contribution Award, Office of the Counselor to the Inspector General (2014)
VABVA
Awarded 12 commendations for outstanding writing and/or exceptional productivity, and for exceeding yearly productivity goals by 16% (2007-2013)