Andrew L. Zwerling
Partner/Director
516-393-2581
Litigation and Alternative Dispute Resolution
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- Attorneys
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Garfunkel Wild’s Litigation and Alternative Dispute Resolution Group provides decades of experience, deep knowledge of the health care industry, and a winning track record in federal and state courts, agencies, and arbitration forums. Our team of seasoned litigators includes former federal and state prosecutors. We vigorously but professionally represent our clients in all stages of a case, from initial evaluation through trial and appeals. Unlike other firms that may need to retain co-counsel or outside experts, our litigators have full access to Garfunkel Wild’s deep bench of lawyers with expertise in all areas of health care.
Victory in litigation is satisfying but may not be the most cost-efficient and practical goal. We counsel our clients to help them minimize risk and position themselves to achieve the best results in bringing or defending claims. We also assist our clients in settling disputes through negotiation and mediation.
Our Litigation and Alternative Dispute Resolution Practice Group represents Health Systems, Hospitals, Medical Schools, Ambulatory Surgery Centers, Federally Qualified Health Centers, Regional Health Information Organizations, Physician Group Practices, Individual Physicians, and many other entities in the health care industry in the following areas:
- Commercial Litigation
- Employment Law
- Breach of Contract
- Defamation
- Third Party Payer/Managed Care Disputes
- Whistleblower Claims
- Medical Staff and Credentialing Matters
- Professional Licensing
- Restrictive Covenants
- Disability and Civil Rights Litigation
- Antitrust
- Environmental Litigation
- Partnership Disputes
- Practice Breakups/Dissolution
- Insurance Coverage Disputes
- Construction Litigation
- Trust and Estates Disputes
- Internal Investigations
- False Claims/Qui Tam Suits
- State and Federal Administrative Hearings
- Regulatory Disputes
- Graduate Medical Education Disciplinary Hearings
- Public Health and Vaccine Related Litigation
- and many others
Our litigators understand the needs and perspectives of executives, business owners, physicians, providers, and in-house counsel, and stand ready to assist our clients through a team-centered approach.
Practice Group Contacts
Team
March 25, 2025|Alerts
FinCEN Reporting Obligations End for Domestic (US) EntitiesFollowing months of uncertainty surrounding the future of the Corporate Transparency Act's (CTA) beneficial ownership information (BOI) reporting requirements, the U.S. Department of the Treasury, Financial Crimes Enforcement Network (FinCEN) published an interim final rule (Interim Rule) on March 21, 2025 that removes the requirement for U.S. companies and U.S. persons to submit BOI reports to FinCEN under the CTA.
March 5, 2025|Alerts
CTA Reporting Requirements Partially SuspendedIn a surprising new development that comes just days after a temporary ban on the Corporate Transparency Act's (CTA) beneficial ownership information (BOI) reporting requirements was lifted, the U.S. Department of the Treasury (Treasury Department), Financial Crimes Enforcement Network (FinCEN) announced in a March 2nd press release that it will not enforce the BOI reporting requirements against U.S. citizens and domestic reporting companies.
February 25, 2025|Alerts
Corporate Transparency Act Reporting Requirements Back in EffectFollowing nearly a year of legal challenges, the beneficial ownership information (BOI) reporting requirements under the Corporate Transparency Act (CTA) are once again back in effect, with a current filing deadline of March 21, 2025.
February 7, 2025|Events
HFMA Metro NY Chapter Winter 2025 Revenue Cycle AcademyGarfunkel Wild's Colleen M. Tarpey participated in a panel discussion at Healthcare Financial Management Association's Metro NY Chapter Winter 2025 Revenue Cycle Academy event, Friday, February 7, 2025.
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.
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
Update on Change Healthcare Class Action LitigationThe cybersecurity attack on Change Healthcare (“Change”), a subsidiary of the UnitedHealth Group, has caused widespread disruption, impacting health care providers and individuals whose personal data was compromised. This breach has led to numerous class action lawsuits, divided into two main groups: providers affected by the claims processing shutdown and individuals whose data was leaked. In June 2024, approximately 50 lawsuits were centralized into a Multi-District Litigation (MDL) in federal court in Minnesota. On September 17, 2024, the first conference in the matter occurred. As the litigation progresses, motions to dismiss, potential mediation, and class certification are expected to shape the case.
August 21, 2024|Alerts
Breaking News: Federal Court Blocks FTC’s Non-Compete Ban NationallyA Texas Federal Judge issued a decision blocking the FTC’s proposed ban on non-compete agreements, which was set to go into effect on September 4, 2024. As previously reported, the Texas Federal Court had issued a preliminary injunction limiting the enforceability of the FTC’s non-compete ban for the individual plaintiff in that lawsuit only. The Judge has now expanded that ruling nationally – preventing the FTC non-compete ban from going into effect.
July 30, 2024|Events
Ensuring Compliance: The Legal and Practical Importance of Accurate Job DescriptionsGarfunkel Wild’s Andrew Zwerling and Harpreet Kaur will host a webinar addressing the legal and practical implications of job descriptions.
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 10, 2024|Alerts
NY AG Faces Major Setback in Fight for Control Over Nursing HomeOn June 4, 2024, the New York State Supreme Court, Orleans County held that courts cannot appoint independent health care and financial monitors to make binding “recommendations” – the centerpiece of the New York State Attorney General’s campaign against for-profit nursing homes.
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 1, 2024|Events
Be Prepared! NYS OMIG’s 2024 Work Plan Provides an Audit Roadmap for Health Care Providers of All TypesGarfunkel’s Compliance Webinar Series rolls on with an examination of the 2024 Work Plan published by the New York State Office of Medicaid Inspector General (OMIG).
April 25, 2024|Alerts
FTC Bans Non-Competes Across the NationOn Tuesday, April 23, 2024, the Federal Trade Commission (FTC) promulgated a final rule banning most non-compete agreements, in any industry, and is set to become effective 120 days after its publication in the Federal Register (the “Final Rule”).
April 22, 2024|Alerts
NJ Supreme Court Vacates $23.4M Award Against Valley HospitalOn April 16, 2024, the Supreme Court of New Jersey issued its decision in Comprehensive Neurosurgical, P.C. v. The Valley Hospital. In an over 60-page unanimous opinion, the Court vacated a 23.4 million dollar award against Valley Hospital.
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.
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 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
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 29, 2023|Events
Best Practices for Terminating an Employment RelationshipJoin Andrew L. Zwerling and Salvatore Puccio as they walk you through common oversights and provide practical guidance to help streamline your termination process, including the “dos and don’ts” you will want to follow once you decide to proceed with the termination.
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
May 19, 2023|Events
Ambulatory Surgery Center Association’s ASCA 2023Garfunkel Wild's Salvatore Puccio will present at Ambulatory Surgery Center Association’s ASCA 2023, May 17-20, 2023. He will present the panel “Medical and Legal Marijuana.”
April 27, 2023|Events
HFMA Metro New York Chapter’s Annual Revenue Cycle AcademyGarfunkel Wild's Michael Keane will present at the Healthcare Financial Management Association (HFMA) Metro New York Chapter’s Annual Revenue Cycle Academy, on April 27, 2023.
February 7, 2023|Publications
In the New York State Courts (New York State Bar Associations Health Law Journal)In this article published in the New York State Bar Associations Health Law Journal (2023 - Vol. 28 - No. 1), Dayna B. Tann and Marc A. Sittenreich provide summaries of the court’s decision and are intended to give an overview of important judicial decisions in the areas of law which affect our clients.
December 19, 2022|Alerts
New Speak Out Act Takes Effect ImmediatelyOn December 7, 2022, President Biden signed the Speak Out Act into law (the “Act”). The Act voids the enforceability of any predispute non-disclosure or non-disparagement clause that has the effect of prohibiting employees from talking about potential future instances of sexual harassment/assault in the workplace.
March 16, 2021|Events
Garfunkel Wild Webinar – FTCA Deeming: What Do I Need To Do In Order To Submit The Application?Garfunkel Wild’s Jeff Adest and Sandra Jensen will present the webinar “FTCA Deeming: What Do I Need To Do In Order To Submit The Application” on March 16, 2021.
June 9, 2020|Events
Garfunkel Wild Webinar – FTCA Deeming: What Do I Need To Do In Order To Submit The Application?Garfunkel Wild will present the webinar “FTCA Deeming: What Do I Need To Do In Order To Submit The Application?” on June 9, 2020.
March 31, 2020|Events
Garfunkel Wild Webinar – FTCA Deeming: What Do I Need To Do In Order To Submit The Application? – March 31, 2020Garfunkel Wild will present the webinar “FTCA Deeming: What Do I Need To Do In Order To Submit The Application” on March 31, 2020.
September 17, 2019|Events
Nassau County Bar Association (NCBA) Hospital and Health Law Committee CLE – Recent Trends in Health Care Fraud InvestigationsJohn G. Martin and Robert A. Del Giorno will present at the Nassau County Bar Association’s CLE – Recent Trends in Health Care Fraud Investigations on September 17, 2019.
April 30, 2019|Events
Garfunkel Wild Webinar – FTCA Deeming: What Do I Need To Do In Order To Submit The Application? – April 30, 2019Garfunkel Wild Complimentary Webinar – April 30th – FTCA Deeming: What Do I Need to Do in Order to Submit the Application
February 18, 2019|Publications
In the New York State Courts (New York State Bar Associations Health Law Journal Winter 2018)Partner/Director Leonard M. Rosenberg, had his article “In the New York State Courts,” published in the Winter 2018 (Volume 23, Number 3) issue of the New York State Bar Association’s Health Law Journal.
April 2, 2024|Firm News
Garfunkel Wild Scores Court Victory, Makes New Law, in Medical Staff LawsuitGarfunkel Wild achieved dismissal of a federal court discrimination suit filed by a cardiologist who was denied privileges to perform advanced electrophysiology procedures at South Shore University Hospital due to lack of experience.
January 30, 2024|Firm News
Catholic Health System’s Win Featured in Law360Garfunkel Wild won a precedent-setting decision for its client and all Catholic-based health care facilities when it successfully defeated a challenge to the use of the Ethical and Religious Directives for Catholic Health Care Services ("ERDs").
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.
February 28, 2023|Firm News
Garfunkel Wild Scores Appellate Victory In Long-Running Data Bank LitigationAfter more than 10 years of highly contentious litigation, Garfunkel Wild won summary judgment dismissal in the trial court, and prevailed against the surgeon’s appeal.
January 31, 2023|Firm News
Victory for Catholic-Based Hospital Systems Across the CountryGarfunkel Wild, P.C. won a significant and precedent-setting victory for its client, and other Catholic-affiliated hospitals across the country, in a case that challenged the use of the Ethical and Religious Directives for Catholic Health Care Services (“ERDs”) in Catholic-affiliated hospitals.
October 13, 2021|Firm News
Garfunkel Wild Defeats Defamation, Fraud, Contract and Tortious Interference Claims Against Peconic Bay Medical CenterGarfunkel Wild secured a significant victory in obtaining dismissal of a multi-million dollar suit based on its filing of a report with the National Practitioner Data Bank that a physician resigned while under investigation.
September 13, 2019|Media Mentions
John Martin Quoted In Newsday Article Entitled “Former CFO From LI Pleads Guilty To Stealing From Manhasset Real Estate Firm” On September 10, 2019John Martin Quoted In Newsday Article Entitled “Former CFO From LI Pleads Guilty To Stealing From Manhasset Real Estate Firm” On September 10, 2019.
September 5, 2019|Firm News
Garfunkel Wild Wins Summary Judgment for Employer Seeking MLMIC Demutualization FundsGarfunkel Wild Wins Summary Judgment for Employer Seeking MLMIC Demutualization Funds
September 4, 2019|Firm News
Garfunkel Wild Wins Complete Defense Verdict for NYU Langone Hospital—Brooklyn in Discrimination LawsuitGarfunkel Wild Wins Complete Defense Verdict for NYU Langone Hospital—Brooklyn in Discrimination Lawsuit
Garfunkel Wild’s Litigation and Alternative Dispute Resolution Group provides decades of experience, deep knowledge of the health care industry, and a winning track record in federal and state courts, agencies, and arbitration forums. Our team of seasoned litigators includes former federal and state prosecutors. We vigorously but professionally represent our clients in all stages of a case, from initial evaluation through trial and appeals. Unlike other firms that may need to retain co-counsel or outside experts, our litigators have full access to Garfunkel Wild’s deep bench of lawyers with expertise in all areas of health care.
Victory in litigation is satisfying but may not be the most cost-efficient and practical goal. We counsel our clients to help them minimize risk and position themselves to achieve the best results in bringing or defending claims. We also assist our clients in settling disputes through negotiation and mediation.
Our Litigation and Alternative Dispute Resolution Practice Group represents Health Systems, Hospitals, Medical Schools, Ambulatory Surgery Centers, Federally Qualified Health Centers, Regional Health Information Organizations, Physician Group Practices, Individual Physicians, and many other entities in the health care industry in the following areas:
- Commercial Litigation
- Employment Law
- Breach of Contract
- Defamation
- Third Party Payer/Managed Care Disputes
- Whistleblower Claims
- Medical Staff and Credentialing Matters
- Professional Licensing
- Restrictive Covenants
- Disability and Civil Rights Litigation
- Antitrust
- Environmental Litigation
- Partnership Disputes
- Practice Breakups/Dissolution
- Insurance Coverage Disputes
- Construction Litigation
- Trust and Estates Disputes
- Internal Investigations
- False Claims/Qui Tam Suits
- State and Federal Administrative Hearings
- Regulatory Disputes
- Graduate Medical Education Disciplinary Hearings
- Public Health and Vaccine Related Litigation
- and many others
Our litigators understand the needs and perspectives of executives, business owners, physicians, providers, and in-house counsel, and stand ready to assist our clients through a team-centered approach.
Practice Group Contacts
Team
March 25, 2025|Alerts
FinCEN Reporting Obligations End for Domestic (US) EntitiesFollowing months of uncertainty surrounding the future of the Corporate Transparency Act's (CTA) beneficial ownership information (BOI) reporting requirements, the U.S. Department of the Treasury, Financial Crimes Enforcement Network (FinCEN) published an interim final rule (Interim Rule) on March 21, 2025 that removes the requirement for U.S. companies and U.S. persons to submit BOI reports to FinCEN under the CTA.
March 5, 2025|Alerts
CTA Reporting Requirements Partially SuspendedIn a surprising new development that comes just days after a temporary ban on the Corporate Transparency Act's (CTA) beneficial ownership information (BOI) reporting requirements was lifted, the U.S. Department of the Treasury (Treasury Department), Financial Crimes Enforcement Network (FinCEN) announced in a March 2nd press release that it will not enforce the BOI reporting requirements against U.S. citizens and domestic reporting companies.
February 25, 2025|Alerts
Corporate Transparency Act Reporting Requirements Back in EffectFollowing nearly a year of legal challenges, the beneficial ownership information (BOI) reporting requirements under the Corporate Transparency Act (CTA) are once again back in effect, with a current filing deadline of March 21, 2025.
February 11, 2025|Events
HFMA Metro NY Chapter Winter 2025 Revenue Cycle AcademyGarfunkel Wild's Colleen M. Tarpey participated in a panel discussion at Healthcare Financial Management Association's Metro NY Chapter Winter 2025 Revenue Cycle Academy event, Friday, February 7, 2025.
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.
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
Update on Change Healthcare Class Action LitigationThe cybersecurity attack on Change Healthcare (“Change”), a subsidiary of the UnitedHealth Group, has caused widespread disruption, impacting health care providers and individuals whose personal data was compromised. This breach has led to numerous class action lawsuits, divided into two main groups: providers affected by the claims processing shutdown and individuals whose data was leaked. In June 2024, approximately 50 lawsuits were centralized into a Multi-District Litigation (MDL) in federal court in Minnesota. On September 17, 2024, the first conference in the matter occurred. As the litigation progresses, motions to dismiss, potential mediation, and class certification are expected to shape the case.
August 21, 2024|Alerts
Breaking News: Federal Court Blocks FTC’s Non-Compete Ban NationallyA Texas Federal Judge issued a decision blocking the FTC’s proposed ban on non-compete agreements, which was set to go into effect on September 4, 2024. As previously reported, the Texas Federal Court had issued a preliminary injunction limiting the enforceability of the FTC’s non-compete ban for the individual plaintiff in that lawsuit only. The Judge has now expanded that ruling nationally – preventing the FTC non-compete ban from going into effect.
July 30, 2024|Events
Ensuring Compliance: The Legal and Practical Importance of Accurate Job DescriptionsGarfunkel Wild’s Andrew Zwerling and Harpreet Kaur will host a webinar addressing the legal and practical implications of job descriptions.
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 10, 2024|Alerts
NY AG Faces Major Setback in Fight for Control Over Nursing HomeOn June 4, 2024, the New York State Supreme Court, Orleans County held that courts cannot appoint independent health care and financial monitors to make binding “recommendations” – the centerpiece of the New York State Attorney General’s campaign against for-profit nursing homes.
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 1, 2024|Events
Be Prepared! NYS OMIG’s 2024 Work Plan Provides an Audit Roadmap for Health Care Providers of All TypesGarfunkel’s Compliance Webinar Series rolls on with an examination of the 2024 Work Plan published by the New York State Office of Medicaid Inspector General (OMIG).
April 25, 2024|Alerts
FTC Bans Non-Competes Across the NationOn Tuesday, April 23, 2024, the Federal Trade Commission (FTC) promulgated a final rule banning most non-compete agreements, in any industry, and is set to become effective 120 days after its publication in the Federal Register (the “Final Rule”).
April 22, 2024|Alerts
NJ Supreme Court Vacates $23.4M Award Against Valley HospitalOn April 16, 2024, the Supreme Court of New Jersey issued its decision in Comprehensive Neurosurgical, P.C. v. The Valley Hospital. In an over 60-page unanimous opinion, the Court vacated a 23.4 million dollar award against Valley Hospital.
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.
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 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
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 29, 2023|Events
Best Practices for Terminating an Employment RelationshipJoin Andrew L. Zwerling and Salvatore Puccio as they walk you through common oversights and provide practical guidance to help streamline your termination process, including the “dos and don’ts” you will want to follow once you decide to proceed with the termination.
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
May 19, 2023|Events
Ambulatory Surgery Center Association’s ASCA 2023Garfunkel Wild's Salvatore Puccio will present at Ambulatory Surgery Center Association’s ASCA 2023, May 17-20, 2023. He will present the panel “Medical and Legal Marijuana.”
April 27, 2023|Events
HFMA Metro New York Chapter’s Annual Revenue Cycle AcademyGarfunkel Wild's Michael Keane will present at the Healthcare Financial Management Association (HFMA) Metro New York Chapter’s Annual Revenue Cycle Academy, on April 27, 2023.
February 7, 2023|Publications
In the New York State Courts (New York State Bar Associations Health Law Journal)In this article published in the New York State Bar Associations Health Law Journal (2023 - Vol. 28 - No. 1), Dayna B. Tann and Marc A. Sittenreich provide summaries of the court’s decision and are intended to give an overview of important judicial decisions in the areas of law which affect our clients.
December 19, 2022|Alerts
New Speak Out Act Takes Effect ImmediatelyOn December 7, 2022, President Biden signed the Speak Out Act into law (the “Act”). The Act voids the enforceability of any predispute non-disclosure or non-disparagement clause that has the effect of prohibiting employees from talking about potential future instances of sexual harassment/assault in the workplace.
March 16, 2021|Events
Garfunkel Wild Webinar – FTCA Deeming: What Do I Need To Do In Order To Submit The Application?Garfunkel Wild’s Jeff Adest and Sandra Jensen will present the webinar “FTCA Deeming: What Do I Need To Do In Order To Submit The Application” on March 16, 2021.
June 9, 2020|Events
Garfunkel Wild Webinar – FTCA Deeming: What Do I Need To Do In Order To Submit The Application?Garfunkel Wild will present the webinar “FTCA Deeming: What Do I Need To Do In Order To Submit The Application?” on June 9, 2020.
March 31, 2020|Events
Garfunkel Wild Webinar – FTCA Deeming: What Do I Need To Do In Order To Submit The Application? – March 31, 2020Garfunkel Wild will present the webinar “FTCA Deeming: What Do I Need To Do In Order To Submit The Application” on March 31, 2020.
September 17, 2019|Events
Nassau County Bar Association (NCBA) Hospital and Health Law Committee CLE – Recent Trends in Health Care Fraud InvestigationsJohn G. Martin and Robert A. Del Giorno will present at the Nassau County Bar Association’s CLE – Recent Trends in Health Care Fraud Investigations on September 17, 2019.
April 30, 2019|Events
Garfunkel Wild Webinar – FTCA Deeming: What Do I Need To Do In Order To Submit The Application? – April 30, 2019Garfunkel Wild Complimentary Webinar – April 30th – FTCA Deeming: What Do I Need to Do in Order to Submit the Application
February 18, 2019|Publications
In the New York State Courts (New York State Bar Associations Health Law Journal Winter 2018)Partner/Director Leonard M. Rosenberg, had his article “In the New York State Courts,” published in the Winter 2018 (Volume 23, Number 3) issue of the New York State Bar Association’s Health Law Journal.
April 2, 2024 |Firm News
Garfunkel Wild Scores Court Victory, Makes New Law, in Medical Staff LawsuitGarfunkel Wild achieved dismissal of a federal court discrimination suit filed by a cardiologist who was denied privileges to perform advanced electrophysiology procedures at South Shore University Hospital due to lack of experience.
January 30, 2024 |Firm News
Catholic Health System’s Win Featured in Law360Garfunkel Wild won a precedent-setting decision for its client and all Catholic-based health care facilities when it successfully defeated a challenge to the use of the Ethical and Religious Directives for Catholic Health Care Services ("ERDs").
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.
February 28, 2023 |Firm News
Garfunkel Wild Scores Appellate Victory In Long-Running Data Bank LitigationAfter more than 10 years of highly contentious litigation, Garfunkel Wild won summary judgment dismissal in the trial court, and prevailed against the surgeon’s appeal.
January 31, 2023 |Firm News
Victory for Catholic-Based Hospital Systems Across the CountryGarfunkel Wild, P.C. won a significant and precedent-setting victory for its client, and other Catholic-affiliated hospitals across the country, in a case that challenged the use of the Ethical and Religious Directives for Catholic Health Care Services (“ERDs”) in Catholic-affiliated hospitals.
October 13, 2021 |Firm News
Garfunkel Wild Defeats Defamation, Fraud, Contract and Tortious Interference Claims Against Peconic Bay Medical CenterGarfunkel Wild secured a significant victory in obtaining dismissal of a multi-million dollar suit based on its filing of a report with the National Practitioner Data Bank that a physician resigned while under investigation.
September 13, 2019 |Media Mentions
John Martin Quoted In Newsday Article Entitled “Former CFO From LI Pleads Guilty To Stealing From Manhasset Real Estate Firm” On September 10, 2019John Martin Quoted In Newsday Article Entitled “Former CFO From LI Pleads Guilty To Stealing From Manhasset Real Estate Firm” On September 10, 2019.
September 5, 2019 |Firm News
Garfunkel Wild Wins Summary Judgment for Employer Seeking MLMIC Demutualization FundsGarfunkel Wild Wins Summary Judgment for Employer Seeking MLMIC Demutualization Funds
September 4, 2019 |Firm News
Garfunkel Wild Wins Complete Defense Verdict for NYU Langone Hospital—Brooklyn in Discrimination LawsuitGarfunkel Wild Wins Complete Defense Verdict for NYU Langone Hospital—Brooklyn in Discrimination Lawsuit
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