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
David 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.
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).
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".
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, "Exagen Settles FCA Case for Restitution, Paid Physicians Specimen Fees Despite OIG Alert".
Garfunkel 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.”
Garfunkel Wild’s new Washington, DC office was featured in the Washington Business Journal.
Garfunkel 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.
In the article, David gives an OIG insider’s view of the self-disclosure protocol (SDP).
Garfunkel 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.
Garfunkel 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.
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).
This 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.
The 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”).
Garfunkel 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.
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.
The 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.
The 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.
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.
Planning 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
The 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.
This 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.
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 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.
The 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.
The 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.
The 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).
The 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.
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.
The 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.
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.
This 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.
The 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.
On 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
On 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.
On 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).
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.
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.
On 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.
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.
On 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
The 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.
The 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.
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.
The 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.
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.
The 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.
The 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).
The 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.
The 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.
The 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.
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.
The 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.
This 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.
The 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.
On 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
On 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.
On 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).
On 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.
Planning 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
This 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.
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.
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.
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.
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.
On 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.
Garfunkel 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.
The 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”).
This 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.
This 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.
The 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”).
Garfunkel 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.
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.
The 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.
The 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.
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.
Planning 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
The 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.
This 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.
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 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.
The 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.
The 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.
The 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).
The 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.
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.
The 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.
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.
This 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.
The 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.
On 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
On 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.
On 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).
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.
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.
On 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.
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.
On 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
,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)