Martinez, Lourdes M.

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MARTINEZWEB

Lourdes M. Martinez

Partner/Director

lmartinez@garfunkelwild.com

111 Great Neck Road, Great Neck, NY 11021
P: 516-393-2221

411 Hackensack Avenue, 5th Floor, Hackensack, NJ 07601
P: 201-518-3421

350 Bedford Street, Suite 406A, Stamford, CT  06901
P: 203-316-0483

PRACTICE
Compliance and White Collar Defense
Health Care
HIPAA Compliance

EDUCATION
St. Johns University School of Law
(J.D., 1992)
University of Scranton
(B.S., Chemistry and Business, 1988)

BAR ADMISSIONS
New York
New Jersey

Connecticut

COURT ADMISSIONS
Supreme Court of the United States
U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York
New York Supreme Court, Appellate Division
U.S. District Court for the District of New Jersey
New Jersey Supreme Court

HONORS AND AWARDS
Top 50 Most Influential Women in Business for 2013, Long Island Business News (October 18, 2013)
Who's Who in Women in Professional Services, Long Island Business News (August 7, 2009)
Honored by Long Island Business News as among "Long Island's Top 50 Most Influential Women in Business" (May 2009)
Long Island Business News - Ones to Watch - Law (January 2007)

PROFESSIONAL ASSOCIATIONS
New York State Bar Association (Committee of the Health Law Section)
Nassau County Bar Association
Hispanic National Bar Association
American Health Lawyers Association
Healthcare Compliance Association

Lourdes M. Martinez is a Partner/Director at Garfunkel Wild, P.C., which she joined in 1998. She is a Co-Chair of the firm’s Compliance and White Collar Defense, and a member of the HIPAA Compliance and Health Care Practice Groups.

Ms. Martinez’s practice includes: defending clients in criminal, civil and regulatory government actions; assisting clients in implementing both fraud and abuse and HIPAA compliance programs; and advising clients on a wide array of compliance, regulatory and business matters.

Ms. Martinez has defended clients in federal False Claims Act cases, quality of care cases, physician licensing matters and federal, state and other third-party audits. Her clients include both for-profit and not-for-profit skilled nursing facilities, hospitals, home health agencies, physicians and other providers.

Ms. Martinez frequently writes and lectures on regulatory defense and compliance issues. Her published works include articles written for the New York Health Law Update and the New York State Bar Association’s Health Law Journal. In addition, Ms. Martinez was a contributing author to the Legal Manual for New York Physicians, published by the New York State Bar Association in conjunction with the Medical Society of the State of New York.

Prior to joining Garfunkel Wild, P.C., Ms. Martinez was an Assistant District Attorney in the Kings County District Attorney’s Office, where she prosecuted hundreds of felony cases from inception through trial and served as Special Counsel to the Crimes Against Children Bureau. Ms. Martinez has also taught Civil Trial Practice at St. John’s University School of Law as an Adjunct Professor.

Ms. Martinez is admitted to practice law in New York, New Jersey and Connecticut. She is a member of the American Health Lawyers Association, the Healthcare Compliance Association, the Nassau County Bar Association, and serves on the Committee of the Health Law Section of the New York State Bar Association.

Ms. Martinez received her law degree from St. John’s University School of Law in 1992 and is a graduate of the University of Scranton, where she received a B.S. in Chemistry and Business in 1988.

Speeches and Events

  • Legal Aspects of Healthcare/Release of Information, HIMANYC 2018 Annual Meeting, New York, NY, May 4, 2018
  • Conducting and Responding to Facility Investigations from a Legal Perspective, GNYHCFA Spring Seminar, Uniondale, NY, March 27, 2018
  • Webinar, New Jersey Adopts New Regulations Restricting Provider Relationships with Pharmaceutical Manufacturers, HFMA New Jersey Chapter, March 13, 2018
  • Legal Aspects of Healthcare/Release of Information, LIHIMA (by NSHC), Hauppauge, NY, February 28, 2018
  • Drug Diversion Issues, Fairfield County Medical Association, Norwalk, CT, December 7, 2017
  • Long Term Care Update, GNYHC Facilities Association.  Uniondale, NY, October 31, 2017
  • Healthcare Executives Club: The Latest Issues in Corporate Compliance. Mineola, NY, October 23, 2017
  • Legal Update, HFMA Region 2 Fall Institute.  Verona, NY, October 19, 2017
  • Garfunkel Wild PC, Webinar: Emergency Preparedness for Nursing Homes.  Albany, NY, September 19, 2017
  • Mid-Year Accounting and Reimbursement Update Seminar, HFMA Metropolitan New York Chapter, HFMA Finance Committee.  Uniondale, NY, September 15, 2017
  • Long Term Care Requirements – What You Need To Know, Greater New York Health Care Facilities Association, Uniondale, NY, March 16, 2017
  • Legal Update, Mid-Year Accounting and Reimbursement Update Seminar, Metropolitan New York Chapter of HFMA, East Elmhurst, NY, September 23, 2016
  • Compliance Update, NYHIMA 81st Annual Conference, Huntington, NY, June 8, 2016
  • Hot Topics, HCCA’s Regional Annual Conference, New York, NY, May 13, 2016
  • Legal Update, HFMA’s Annual Reimbursement Seminar, East Elmhurst, NY, February 4, 2016
  • OIG's Work Plan for 2016, HCCS Webinar, November 18, 2015
  • Legal Update, HFMA's (Metropolitan New York Chapter) Compliance Update Seminar, Jericho, NY, October 22, 2015
  • Legal Update, HFMA Region 2 Conference, Verona, NY, October 15, 2015
  • OIG Work Plan 2015, Compliance Center for Competitive Management, Audio Conference, March 10, 2015
  • OIG Work Plan, HFMA Seminar, PWC New York City, February 5, 2015
  • Legal Update, Annual Reimbursement Update, HFMA Metro NY Chapter, January 26, 2015
  • HCCS Expert Webinar:  Highlights of the OIG's 2015 Work Plan, Health Care Compliance Strategies Webinar (November 13, 2014)
  • Compliance Update - Where to Focus Limited Resources, Metropolitan New York Chapter of HFMA Seminar, Hofstra University Club, David S. Mack Hall, Hempstead, NY, July 24, 2014
  • The 2014 OIG Work Plan - Prepare Now! Webinar, Hosted by the Metro NY Chapter of HFMA, February 27, 2014
  • The 2014 OIG Work Plan - Key Focus Areas, HCCS Webinar, February 12, 2014
  • OIG Work Plan for 2014, Healthcare Financial Management Association -- Metro NY program titled "OIG Work Plan and Compliance Hot Topics," January 31, 2014
  • Best Compliance Practices for the Medicare and Medicaid Electronic Health Record Incentive Programs, Health Care Compliance Association's Upper Northeast Regional Compliance Conference, May 17, 2013
  • Annual Legal Update, HFMA Metropolitan New York Chapter, The Annual Reimbursement Update Seminar, February 1, 2013
  • Forewarned is Forearmed, HCCS (the Experts in Healthcare Learning) Webinar on the OIG's Work Plan for 2013, December 12, 2012
  • The Current Compliance Environment and OMIG Work Plan and Compliance Program Guidance for Hospitals, Metropolitan New York Chapter Healthcare Financial Management Association (HFMA) Fall Academy, Uniondale, NY, October 24, 2012
  • Legal Update, Healthcare Financial Management Association’s (HFMA) Annual Reimbursement Seminar (Uniondale, NY) February 3, 2012
  • When You Need and Don't Need Legal Representation for OMIG, Joseph A. Levi 52nd Annual Institute presented by the Metropolitan New York Chapter of Healthcare Financial Management Association, March 11, 2011 (Panel Member)
  • What Would You Do? Case Studies in Compliance and Internal Audit, sponsored by the Metro New York Chapter of Healthcare Financial Management Association, (New York, NY) February 4, 2011
  • Accounting and Audit Update, Healthcare Financial Management Association's Metro NY Chapter (East Elmhurst, NY) December 3, 2010
  • Compliance Update at the Professional Development Conference sponsored by the New York Association of Homes and Services for the Aging, (Saratoga Springs, NY) October 26, 2010
  • Charting New Territory: New Requirements for Disclosing Overpayments to Governmental Agencies and Examining When to Appeal Adverse RAC Determinations, 34th Annual Institute sponsored by The New Jersey Chapter of Healthcare Financial Management Association in cooperation with The Metropolitan Philadelphia Chapter of Healthcare Financial Management Association, October 21, 2010 RAC Audits Are Here:  Examining Appeals and Self-Disclosures, New Jersey Hospital Association/Health Research & Educational Trust of New Jersey Educational Program (Princeton, NJ) July 13, 2010
  • Section 2803-D Reporting Requirements, New York Association of Homes and Services for the Aging Spring Training Institute and Exhibition, (Saratoga Springs, NY) May 26, 2010
  • Fraud and Abuse in Long Term Care Programs, New York State Bar Association's 2010 Long Term Care Conference (New York, NY) May 14, 2010
  • Health Care Fraud and Abuse Spring Seminar, hosted by Atlantic Business Products and The Center to Promote Health Care Studies, (New York, NY) May 12, 2010
  • Voluntary Disclosures: The Benefits and Risks of Self Reporting, Health Care Compliance Strategies Webinar, March 30, 2010
  • OMIG & HIPAA: HITECH Seminar, Pharmacists Society of the State of New York (Getzville, NY) March 18, 2010
  • Restoration of License after Revocation or Disciplinary Surrender and Interview and Informal Settlement Conference Procedures, NYSBA Continuing Legal Education Program entitled "Representing Licensed Professionals Before the Office of Professional Medical Conduct & the Office of Professional Discipline," (New York, NY) November 5, 2009
  • The Rollout of Medicare' s Recovery Audit Contractors (RACs) Program, NJSOM Annual Conference (Atlantic City, NJ) October 8, 2009
  • Overview of OMIG Enforcement Activities, Healthcare Financial Management Association Metropolitan Chapter's Mid Year Reimbursement Update (East Elmhurst, NY) September 11, 2009
  • Nursing Home Compliance in 2009, New York Association of Homes and Services for the Aging Spring Training Institute & Exhibition (Saratoga Springs, NY) June 3, 2009
  • Top Ten Compliance Issues for 2009, Health Care Compliance Strategies Webinar, April 15, 2009
  • Legal Aspects in Health Care/Release of Information, Hybrid Medical Records & Medical Identity Theft, Long Island Health Information Management Association, January 21, 2009
  • Annual Audit and Reimbursement Update, Metro New York Healthcare Financial Management Association, January 9, 2009
  • The New Compliance Environment, Healthcare Financial Management Association Metropolitan New York Chapter, November 14, 2008
  • The Deficit Reduction Act: Its Impact and Latest Updates, Health Care Compliance Strategies Webinar, January 18, 2008
  • Legal Aspects of Health Care, Long Island Health Information Management Association, January 9, 2008
  • Nursing Home Compliance, New York Association of Homes and Services for the Aging Spring Institute (Saratoga Springs, NY) May 22, 2007
  • Dealing with Government Voluntary Disclosures, Corporate Compliance Agreements, and Corporate Integrity Agreements, CHA Corporate Compliance Conference, April 19, 2007
  • Compliance Update for Nursing Facilities and Home Health Facilities, Presented to the Healthcare Financial Management Association, February 16, 2007
  • Legal Aspects of Health Information: Compliance Update, Presented to the Long Island Health Information Management Association, January 3, 2007
  • Compliance Programs and the DRA: Are You Ready for January 1, 2007? Presented to the Intercounty Health Facilities Association, Inc., December 7, 2006
  • New Laws, New Requirements: The DRA, HIPAA and the Practice of Pharmacy, Presented to the Pharmacy Society of New York, November 30, 2006
  • The Medicare Appeals Process, Presented to the Healthcare Financial Management Association Annual Institute Recovery Audit Contractor (RAC) Panel, March 2006
  • STARK II / PHASE II: New Exceptions, Reporting, Enforcement and Penalties, April 2004

Publications

  • Co-authored chapter of Legal Manual for New York Physicians, entitled Fraud and Abuse, published by the New York State Bar Association and the Medical Society of the State of New York (Fifth Edition - 2018).
  • New Jersey Legislature Mandates Hospital Trustee Training, Health Care Compliance Association Healthcare Compliance Today, August 2007
  • What Every Compliance Officer Needs To Know About The Deficit Reduction Act of 2005, Healthcare Compliance Today, December 2006
  • Disclosure to Law Enforcement, Health Information Compliance Insider, July 2006
  • Substandard Quality of Care Used as a Basis for False Claims Act and Criminal Liability in Nursing Homes, NYSBA Health Law Journal, Winter 2002
  • Contributing Author to the New York Health Law Update on a variety of health care legal issues