Litigation and Alternative Dispute Resolution

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

Featured Image

Andrew L. Zwerling

Partner/Director
516-393-2581

Team

Featured Image

Gillian Barkins

Senior Attorney
516-393-2507
Featured Image

Jeffrey S. Brown

Of Counsel
201-518-3400
Featured Image

Steven D. Gorelick

Partner
201-518-3404
Featured Image

Jason Y. Hsi

Partner
516-393-2298
Featured Image

Michael J. Keane

Partner/Director
516-393-2263
Featured Image

Mickey Keane

Partner
516-393-2538
Featured Image

Harpreet Kaur

Senior Attorney
516-393-2239
Featured Image

Andrew Z. Ko

Associate
518-560-4025
Featured Image

Eve Green Koopersmith

Of Counsel
516-393-2282
Featured Image

Lauren M. Levine

Lauren M. Levine
516-393-2240
Featured Image

John G. Martin

Of Counsel
516-393-2214
Featured Image

Marianne Monroy

Partner/Director
516-393-2212
Featured Image

Salvatore Puccio

Partner
516-393-2583
Featured Image

Leonard M. Rosenberg

Partner/Director
516-393-2260
Featured Image

Nicholas M. Summo

Associate
516-393-2594
Featured Image

Marc A. Sittenreich

Partner
516-393-2533
Featured Image

Dayna B. Tann

Partner
516-393-2509
Featured Image

Colleen M. Tarpey

Partner
516-393-2536
Featured Image

Justin M. Vogel

Partner/Director
516-393-2570
Featured Image

Joshua M. Zarcone

Senior Attorney
516-393-2589

November 21, 2024|Alerts

OIG Highlights New Concerns

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.

September 19, 2024|Alerts

Update on Change Healthcare Class Action Litigation

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.

August 21, 2024|Alerts

Breaking News: Federal Court Blocks FTC’s Non-Compete Ban Nationally

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. 

July 30, 2024|Events

Ensuring Compliance: The Legal and Practical Importance of Accurate Job Descriptions

Garfunkel 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 Program

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.

June 10, 2024|Alerts

NY AG Faces Major Setback in Fight for Control Over Nursing Home

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.

June 6, 2024|Alerts

OIG Report Highlights Enforcement Priorities

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. 

May 1, 2024|Events

Be Prepared! NYS OMIG’s 2024 Work Plan Provides an Audit Roadmap for Health Care Providers of All Types

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).  

April 25, 2024|Alerts

FTC Bans Non-Competes Across the Nation

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”).

April 22, 2024|Alerts

NJ Supreme Court Vacates $23.4M Award Against Valley Hospital

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.  

April 18, 2024|Alerts

OIG Allows Patient Assistance Programs Funded by Drug Manufacturers

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.

March 1, 2024|Alerts

OIG Issues New Resource for Single Audits

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.

January 30, 2024|Alerts

New York OMIG Updates Self-Disclosure Guidance

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. 

January 17, 2024|Alerts

OMIG’s 2024 Work Plan Gives Critical Insights into Program Integrity Initiatives

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.  

January 17, 2024|Alerts

OIG Approves Creative Approach to Restructuring Medical Practice Partnerships

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.  

January 17, 2024|Alerts

Favorable OIG Advisory Opinion Allows Subsidies for FDA-Approved Clinical Studies

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.  

December 21, 2023|Alerts

More Provider “Nuggets” From OIG’s Year-End Reporting Blitz

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. 

November 30, 2023|Alerts

DOJ/HHS Jointly Release “Highlight Reel” Report

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.

November 29, 2023|Events

Best Practices for Terminating an Employment Relationship

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.

November 20, 2023|Alerts

OIG Provides Roadmap to Hot-Button Issues

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.  

November 7, 2023|Alerts

OIG Releases New General Compliance Program Reference Guide

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

May 19, 2023|Events

Ambulatory Surgery Center Association’s ASCA 2023

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.”

April 27, 2023|Events

HFMA Metro New York Chapter’s Annual Revenue Cycle Academy

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. 

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 Immediately

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.  

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, 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.

September 17, 2019|Events

Nassau County Bar Association (NCBA) Hospital and Health Law Committee CLE – Recent Trends in Health Care Fraud Investigations

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.

April 30, 2019|Events

Garfunkel Wild Webinar – FTCA Deeming: What Do I Need To Do In Order To Submit The Application? – April 30, 2019

Garfunkel 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 Lawsuit

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.  

January 30, 2024|Firm News

Catholic Health System’s Win Featured in Law360

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").  

October 10, 2023|Firm News

Garfunkel Wild Opens Washington, D.C. Office

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.

February 28, 2023|Firm News

Garfunkel Wild Scores Appellate Victory In Long-Running Data Bank Litigation

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.

January 31, 2023|Firm News

Victory for Catholic-Based Hospital Systems Across the Country

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. 

October 13, 2021|Firm News

Garfunkel Wild Defeats Defamation, Fraud, Contract and Tortious Interference Claims Against Peconic Bay Medical Center

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. 

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, 2019

John 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 Funds

Garfunkel 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 Lawsuit

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.

Practice Group Contacts

Featured Image

Andrew L. Zwerling

Partner/Director
516-393-2581

Team

Featured Image

Gillian Barkins

Senior Attorney
516-393-2507
Featured Image

Jeffrey S. Brown

Of Counsel
201-518-3400
Featured Image

Steven D. Gorelick

Partner
201-518-3404
Featured Image

Jason Y. Hsi

Partner
516-393-2298
Featured Image

Michael J. Keane

Partner/Director
516-393-2263
Featured Image

Mickey Keane

Partner
516-393-2538
Featured Image

Harpreet Kaur

Senior Attorney
516-393-2239
Featured Image

Andrew Z. Ko

Associate
518-560-4025
Featured Image

Eve Green Koopersmith

Of Counsel
516-393-2282
Featured Image

Lauren M. Levine

Lauren M. Levine
516-393-2240
Featured Image

John G. Martin

Of Counsel
516-393-2214
Featured Image

Marianne Monroy

Partner/Director
516-393-2212
Featured Image

Salvatore Puccio

Partner
516-393-2583
Featured Image

Leonard M. Rosenberg

Partner/Director
516-393-2260
Featured Image

Nicholas M. Summo

Associate
516-393-2594
Featured Image

Marc A. Sittenreich

Partner
516-393-2533
Featured Image

Dayna B. Tann

Partner
516-393-2509
Featured Image

Colleen M. Tarpey

Partner
516-393-2536
Featured Image

Justin M. Vogel

Partner/Director
516-393-2570
Featured Image

Joshua M. Zarcone

Senior Attorney
516-393-2589

November 21, 2024|Alerts

OIG Highlights New Concerns

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.

September 19, 2024|Alerts

Update on Change Healthcare Class Action Litigation

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.

August 21, 2024|Alerts

Breaking News: Federal Court Blocks FTC’s Non-Compete Ban Nationally

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. 

July 30, 2024|Events

Ensuring Compliance: The Legal and Practical Importance of Accurate Job Descriptions

Garfunkel 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 Program

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.

June 10, 2024|Alerts

NY AG Faces Major Setback in Fight for Control Over Nursing Home

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.

June 6, 2024|Alerts

OIG Report Highlights Enforcement Priorities

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. 

May 1, 2024|Events

Be Prepared! NYS OMIG’s 2024 Work Plan Provides an Audit Roadmap for Health Care Providers of All Types

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).  

April 25, 2024|Alerts

FTC Bans Non-Competes Across the Nation

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”).

April 22, 2024|Alerts

NJ Supreme Court Vacates $23.4M Award Against Valley Hospital

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.  

April 18, 2024|Alerts

OIG Allows Patient Assistance Programs Funded by Drug Manufacturers

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.

March 1, 2024|Alerts

OIG Issues New Resource for Single Audits

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.

January 30, 2024|Alerts

New York OMIG Updates Self-Disclosure Guidance

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. 

January 17, 2024|Alerts

OMIG’s 2024 Work Plan Gives Critical Insights into Program Integrity Initiatives

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.  

January 17, 2024|Alerts

OIG Approves Creative Approach to Restructuring Medical Practice Partnerships

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.  

January 17, 2024|Alerts

Favorable OIG Advisory Opinion Allows Subsidies for FDA-Approved Clinical Studies

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.  

December 21, 2023|Alerts

More Provider “Nuggets” From OIG’s Year-End Reporting Blitz

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. 

November 30, 2023|Alerts

DOJ/HHS Jointly Release “Highlight Reel” Report

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.

November 29, 2023|Events

Best Practices for Terminating an Employment Relationship

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.

November 20, 2023|Alerts

OIG Provides Roadmap to Hot-Button Issues

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.  

November 7, 2023|Alerts

OIG Releases New General Compliance Program Reference Guide

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

May 19, 2023|Events

Ambulatory Surgery Center Association’s ASCA 2023

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.”

April 27, 2023|Events

HFMA Metro New York Chapter’s Annual Revenue Cycle Academy

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. 

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 Immediately

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.  

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, 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.

September 17, 2019|Events

Nassau County Bar Association (NCBA) Hospital and Health Law Committee CLE – Recent Trends in Health Care Fraud Investigations

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.

April 30, 2019|Events

Garfunkel Wild Webinar – FTCA Deeming: What Do I Need To Do In Order To Submit The Application? – April 30, 2019

Garfunkel 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 Lawsuit

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.  

January 30, 2024 |Firm News

Catholic Health System’s Win Featured in Law360

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").  

October 10, 2023 |Firm News

Garfunkel Wild Opens Washington, D.C. Office

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.

February 28, 2023 |Firm News

Garfunkel Wild Scores Appellate Victory In Long-Running Data Bank Litigation

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.

January 31, 2023 |Firm News

Victory for Catholic-Based Hospital Systems Across the Country

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. 

October 13, 2021 |Firm News

Garfunkel Wild Defeats Defamation, Fraud, Contract and Tortious Interference Claims Against Peconic Bay Medical Center

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. 

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, 2019

John 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 Funds

Garfunkel 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 Lawsuit

Garfunkel Wild Wins Complete Defense Verdict for NYU Langone Hospital—Brooklyn in Discrimination Lawsuit