Litigation and Alternative Dispute Resolution
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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.
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 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.
A 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.
Garfunkel Wild’s Andrew Zwerling and Harpreet Kaur will host a webinar addressing the legal and practical implications of job descriptions.
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.
On 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.
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.
Garfunkel’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).
On 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”).
On 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.
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 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) 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.
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.
Join 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.
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
Garfunkel 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.”
Garfunkel 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.
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.
On 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.
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.
Garfunkel Wild will present the webinar “FTCA Deeming: What Do I Need To Do In Order To Submit The Application?” on June 9, 2020.
Garfunkel Wild will present the webinar “FTCA Deeming: What Do I Need To Do In Order To Submit The Application” on March 31, 2020.
John 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.
Garfunkel Wild Complimentary Webinar – April 30th – FTCA Deeming: What Do I Need to Do in Order to Submit the Application
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.
Garfunkel 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.
Garfunkel 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").
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.
After 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.
Garfunkel 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.
Garfunkel 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.
John Martin Quoted In Newsday Article Entitled “Former CFO From LI Pleads Guilty To Stealing From Manhasset Real Estate Firm” On September 10, 2019.
Garfunkel Wild Wins Summary Judgment for Employer Seeking MLMIC Demutualization Funds
Garfunkel 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.
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 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.
A 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.
Garfunkel Wild’s Andrew Zwerling and Harpreet Kaur will host a webinar addressing the legal and practical implications of job descriptions.
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.
On 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.
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.
Garfunkel’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).
On 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”).
On 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.
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 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) 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.
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.
Join 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.
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
Garfunkel 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.”
Garfunkel 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.
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.
On 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.
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.
Garfunkel Wild will present the webinar “FTCA Deeming: What Do I Need To Do In Order To Submit The Application?” on June 9, 2020.
Garfunkel Wild will present the webinar “FTCA Deeming: What Do I Need To Do In Order To Submit The Application” on March 31, 2020.
John 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.
Garfunkel Wild Complimentary Webinar – April 30th – FTCA Deeming: What Do I Need to Do in Order to Submit the Application
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.
Garfunkel 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.
Garfunkel 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").
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.
After 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.
Garfunkel 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.
Garfunkel 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.
John Martin Quoted In Newsday Article Entitled “Former CFO From LI Pleads Guilty To Stealing From Manhasset Real Estate Firm” On September 10, 2019.
Garfunkel Wild Wins Summary Judgment for Employer Seeking MLMIC Demutualization Funds
Garfunkel Wild Wins Complete Defense Verdict for NYU Langone Hospital—Brooklyn in Discrimination Lawsuit