Thomson Reuters Long Island Tech Event

March 27, 2019

Speaker:  Terence A. Russo

Garfunkel Wild Partner/Director Terence A. Russo will present at Thomson Reuters Long Island Emerging Tech Event on April 4, 2019. A panel of experts will discuss innovation trends on Long Island- what are the trends? We will separate the reality from the hype. What are organizations doing? How will emerging technology impact you, your clients, and the future of law?


For those providers and suppliers that are subject to survey in order to maintain their Medicare status (e.g., hospitals, ASCs, SNFs, home health agencies), CMS has published important revisions to its current survey guidelines. Specifically, In March 2019, CMS released revisions to Appendix Q of the CMS State Operations Manual. These changes are a significant revision to the immediate jeopardy guidelines (“IJ Guidelines”) that have not been updated since 2004. Immediate jeopardy occurs when CMS surveyors identify noncompliance that has caused or is likely to cause serious injury or harm and immediate action is necessary to prevent such harm. Providers/suppliers remain on immediate jeopardy until surveyors confirm, while onsite, that a removal plan has been effectively implemented. Immediate jeopardy findings can result in, among other things, additional government and accreditation surveys, civil monetary penalties, decrease in reimbursement and other sanctions.

The new IJ Guidelines are intended to provide more clarity as to when, and what evidence is required, to impose immediate jeopardy. Notably, (1) there must be likelihood, not just a potential, for harm and (2) psychological harm can be considered harm based upon a “reasonable person” test. The IJ Guidelines also discuss the removal of the immediate jeopardy including approval of the removal plan. Finally, there are new subparts that address additional immediate jeopardy requirements for long-term care facilities and clinical laboratories.

Click Here to download the Legal Alert.

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Should you have any questions regarding these new IJ Guidelines, please contact a member of our Health Care Practice Group or the Garfunkel Wild attorney with whom you regularly work.


National Business Institute’s Seminar –  A Comprehensive Overview of the Issues Affecting HR Departments

March 12 – 13, 2019

Speaker:  Roy W. Breitenbach

Garfunkel Wild Partner/Director Roy W. Breitenbach will present at the National Business Institute’s seminar – A Comprehensive Overview of the Issues Affecting HR Departments on March 12 – 13, 2019.

Mr. Brietenbach will present on:

  • FMLA and Other Leave Issues
  • Current Issues in Human Resources
  • Workers’ Compensation Basics
  • Workplace Privacy and Employee Monitoring
  • Disciplining and Firing Employees

For more information, click here.


Robert A. Wild, Chairman/Founding Partner, will be honored by the United Way of Long Island at their 2019 Live United Celebration Luncheon May 8, 2018.  United Way of Long Island advances the common good, creating opportunities for a better life for all by focusing on the three key building blocks of education, financial stability and health.

Click Here to register.


About Garfunkel Wild

Garfunkel Wild was founded over 38 years ago with a single purpose in mind – attend to the specific business and legal needs of our clients in the health care industry. With nearly 80 attorneys representing more than 60 hospitals plus health care systems and other health care facilities, organizations and practitioners, Garfunkel Wild has kept this focus. The firm has offices in New York, Connecticut, and New Jersey. For more information, visit


Garfunkel Wild Complimentary Webinar – Home Care Referrals, Marketing and the Kickback Laws

Tuesday, March 19, 2019
12:00 PM – 1:00 PM EDT

Speaker:  Peter M. Hoffman

Garfunkel Wild Partner/Director Peter M. Hoffman will host a complimentary webinar entitled “Home Care Referrals, Marketing and the Kickback Laws” on Tuesday, March 19, 2019 from 12:00 PM – 1:00 PM EDT.

As home care services continue to grow, the Federal and State governments have stepped-up investigative and enforcement activity, particularly with regard to how home care services are being marketed. Both providers and plans must be aware of, and comply with, a wide variety of laws, rules, regulations and requirements when marketing home care services This webinar will focus on the rules governing inducements and kickbacks in the context of marketing home care services, and provide practical insight for both plans and providers as they navigate through the web of rules governing their marketing activities.

This webinar will:

  • Educate providers and plans on the rules that apply to home care marketing/referrals
  • Provide an overview of the types of issues to watch out for
    Offer real world examples of practices found to have run afoul of the rules and the penalties imposed for such practices

Click Here to Register
After registering, you will receive a confirmation email containing information about joining the webinar.