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Healthcare

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Our Healthcare practice focuses on medical practices, and corporate, employment and tax issues associated with healthcare entities. The industry is heavily regulated, subject to a myriad of state and federal statutes, and involve complex legal challenges, which our attorneys are experienced and ready to handle.

Healthcare is the most heavily regulated industry in America, with overlapping federal and state statutes, administrative regulations of all healthcare entities, and additional regulation of all professionals and technicians by various licensing boards. Heavy regulation of related industries such as insurance and pharmaceutical manufacturers further complicates the legal environment for healthcare companies and providers.

Our Healthcare law attorneys work closely with our corporate, business, tax, real estate and employment law attorneys to ensure that the business arrangements of our healthcare clients comply with regulations specific to the industry, as well as laws of general applicability to all businesses. These efforts include the structuring and licensing of surgical centers, certifications for billing companies, buying and selling medical practices, Medicare audits, preparing contractual arrangements between healthcare professionals, and litigating healthcare related issues.

In addition, we provide counsel to healthcare entities in establishing personnel policies and procedures to ensure compliance with all federal and state employment-related laws, and in defending against employee lawsuits. The attorneys in our Healthcare Practice Group have the legal expertise to provide quality, timely, and cost-effective representation in all areas of Healthcare Law.

January 13, 2022Alex Keoskey interviewed for Medical Economics article titled "Dealing with Medical Board Complaints"

Alex Keoskey, Esq., a partner in the Healthcare department at Mandelbaum Barrett was interviewed for an article in the January 11th, 2022 issue of Medical Economics. "Physicians should take medical board complaints far more seriously than a medical malpractice complaint," he says. "Physicians need to be aware of the reporting requirements enshrined in state and federal law relating to adverse actions by medical boards."...

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November 16, 2021Mandelbaum Barrett's Healthcare Group Welcomes Mena R. Francis, Esq. to head the Firm's PIP Arbitration/Reimbursement Recovery Department

As an expansion of the Healthcare Law Practice Group, Mandelbaum Barrett welcomes Mena R. Francis, Esq. to head the firm's PIP Arbitration/Reimbursement Recovery Department. In the ever-changing PIP/No-Fault space, arbitration has emerged as the only practical way a healthcare providers can be compensated for their services absent settlement. Mr. Francis has extensive experience representing medical providers and facilities in collecting PIP claims. With over a decade of experience in the industry, he knows what it takes to make sure providers collect fast. This new practice area compliments the Group's existing representation of clients in connection with all payor recoupment disputes, whether the payor is a government payor, such as Medicare and Medicaid, major medical carrier or self or partially funded plans....

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July 22, 2020Nabulsi and Adler Spoke at MSNJ's Policy and Strategy Panel on Restrictive Covenants

The Medical Society of New Jersey ("MSNJ") requested that Mandelbaum Barrett partners Mohamed Nabulsi and Steven Adler...

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April 30, 2020N.J. Establishes Emergency Health Care Provider Registry

On April 29, 2020, the Commissioner of the N.J. Department of Health ("DOH") issued an Executive Directive ("Directive") establishing a registry of health care workers, public health workers, and support services personnel who voluntarily consent to provide health care, public health services, and support logistics during the ongoing COVID-19 public health emergency....

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April 28, 2020A Cautionary Tale: New York Businessman Criminally Charged for Hoarding and Price-Gouging PPE During the COVID-19 Crisis

On April 24, 2020, a criminal complaint ("Complaint") was filed in federal court against Amardeep Singh ("Defendant"), a New York-based businessman, for allegedly accumulating personal protective equipment ("PPE") and other materials "in quantities that far exceed the reasonable demands of [his] retail business" and for reselling said PPE "at prices in excess of prevailing market prices."...

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April 24, 2020Ambulatory Care Facility Alert: NJ DOH Waives and Relaxes Rule Governing Staff-to-Patient Ratio Requirements for Outpatient Renal Dialysis Providers

Ordinarily, pursuant to N.J.A.C. 8:43A-24.7, ambulatory care facilities ("ACFs") that provide outpatient renal dialysis services are required to have at least one registered nurse ("RN") on duty for the first nine patients receiving dialysis services on the premises, and an additional RN on duty for each additional nine patients, or any portion thereof. In addition, facilities must have at least one RN, LPN, or trained patient care technician on duty for every three patients receiving dialysis services....

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April 24, 2020Healthcare Alert: N.J. Imposes New Rules Governing the Disposition of Human Remains During the Ongoing COVID-19 Public Health Emergency

On April 22, 2020, the Commissioner of the New Jersey Department of Health issued an executive directive (the "Directive") establishing certain rules and requirements governing the disposition of human remains....

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April 16, 2020New Jersey Grants Statutory Immunity to Healthcare Professionals and Facilities Combatting COVID-19

On April 14th, 2020, New Jersey Governor Murphy signed into law legislation that grants healthcare professionals and healthcare facilities immunity from liability arising from claims for alleging injury or death arising from acts or omissions made in connection with, or related to, the State's efforts to combat COVID-19....

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April 7, 2020Recently-Imposed Restrictions on the Prescribing and Dispensing of Potential COVID-19 Medications

The Acting Director of the New Jersey Division of Consumer Affairs has ordered that, with respect to the treatment of COVID-19 patients, the prescribing and dispensing of drugs in short supply — including hydroxychloroquine and chloroquine, two drugs that are widely being used by practitioners worldwide to treat COVID-19...

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April 3, 2020Medicare Suspension Terminated Due to COVID-19 Waivers

As part of its arsenal to combat what the Centers for Medicare and Medicaid ("CMS") consider to be billing fraud, CMS, directly and through its contractors, is authorized to suspend a Medicare provider's payments during the pendency of CMS' audit/investigation of the provider...

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April 3, 2020COVID-19: Accelerated and Advance Payment Program for Medicare Providers

Under the recently enacted Coronavirus Aid, Relief, and Economic Security ("CARES") Act, the Centers for Medicare & Medicaid Services ("CMS") is currently making interest-free advances ("Advances") to eligible Medicare providers that would be later recovered from prospective reimbursements payable to such providers....

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April 2, 2020New Jersey Governor Authorizes Police to Seize Real and Personal Property, and to Take Personal Services, to Combat COVID-19

On April 2, 2020, as we predicted, the Governor issued Executive Order 113 ("Order") to empower the Superintendent of State Police, in his capacity as Director of Emergency Management, to "take or use personal services and/or real or personal property, including medical resources, for the purpose of protecting or promoting the public health, safety, and welfare."...

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March 30, 2020David Slays Goliath In The Battle Between Healthcare Providers And UnitedHealthcare

In a tremendous win on behalf of our client, Alexander Salerno, M.D., on March 24, 2020, we received a final Award in Dr. Salerno's David versus Goliath fight with UnitedHealthcare ("UHC"). "Not only did we win the battles, we won the war against the world's largest health insurance company" said Dr. Salerno. As explained below, that victory was not just for Dr. Salerno but for all of the healthcare providers we represent....

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March 30, 2020Alert: Gov. Murphy's Latest Executive Order

Continuing the series of broad executive actions NJ Gov. Murphy has taken to combat the accelerating COVID-19 pandemic, late Saturday, the Governor issued Executive Order No. 111 ("Order") to address deficiencies in the State's information regarding the number and nature of the personal protective equipment ("PPE"), ventilators, respirators, and anesthesia machines (the "Needed Resources") available within New Jersey....

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March 27, 2020COVID-19 Resources

The past two weeks have ushered in unprecedented changes in our economy and society. In an effort to provide our friends and colleagues with up-to-date information about COVID-19, our attorneys have written a range of publications. These articles and alerts examine COVID-19's impact on a number of areas, including business and healthcare office closures, employment concerns, insurance issues, telehealth, and the rights of public school students during school closures....

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March 27, 2020Successful Challenge to Healthcare Fraud DOJ Prosecution

We are happy to report that we recently delivered excellent news to one of our physician-clients. In 2019, the United States Department of Justice charged this client with insurance fraud in connection with the submission of claims to Medicare/Medicaid for services rendered by the client's nurse practitioners, but billed under the client as the rendering provider....

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March 24, 2020ASC/Surgical Practice Update Re. COVID-19

Late yesterday, March 23, 2020, the Governor issued Executive Order No. 109 (the "Order") that takes sweeping and unprecedented action as part of the State's growing efforts to curb the accelerating COVID-19 pandemic....

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March 21, 2020New Jersey Executive Order 107 Directive for Healthcare Providers

On March 21, 2020, New Jersey Governor Phil Murphy issued Executive Order 107 (the "Order"), which requires, among other things, that retail businesses, other than certain enumerated essential retail businesses, close their brick-and-mortar premises, beginning at 9:00 p.m. on March 21, 2020, until the Order is revoked by the Governor....

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March 19, 2020Mandelbaum Barrett to Host Complimentary Webinars on COVID-19's Impact on Businesses and Healthcare Providers

Please join us for two complimentary webinars on employment and operational issues raised by the spread of COVID-19, led by Steven I. Adler, Mohamed H. Nabulsi and Dennis J. Alessi. For more information and to register, click here....

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March 18, 2020Coronavirus/COVID-19: Telehealth and Other Communication-Based Technology Services During Emergency Periods

The recent outbreak of COVID-19 ("Coronavirus") has led the country to search for innovative solutions to contain the spread of Coronavirus, without sacrificing the U.S. population's access to medical care....

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October 16, 2019Mandelbaum Barrett Files a Federal Court Lawsuit Against UnitedHealthcare on Behalf of Medical Groups and Doctors in New Jersey

Steven I. Adler and Mohamed H. Nabulsi filed an emergent application in federal court in Newark, NJ, on behalf of The Medical Society of New Jersey (MSNJ) and various inner-city medical groups against UnitedHealthcare (UHC) to enjoin and restrain UHC from terminating healthcare providers from its NJ Medicare Advantage Community Health Insurance Plan and to stop UHC from misrepresenting that these providers are no longer accepting new patients. Click here to read more....

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June 3, 2019Arla D. Cahill Appointed to the Executive Committee of Employment Horizons, Inc

Congratulations to Arla D. Cahill, Co-Chair of the Firm's Special Needs Practice, who was appointed to the Executive Committee of Employment Horizons, Inc. Employment Horizons was founded in Morristown in 1957 by a group of forward-thinking parents who wanted to expand work and personal growth opportunities for their children with disabilities. Over the years, Employment Horizons has implemented innovative programs to meet the needs and choices of those they serve, both on-site as well as in the community. They provide job training and placement services to people with disabilities and other barriers to employment in the greater Morris County, NJ area. Arla has been active in the organization for a number of years and we know she will continue to do great things....

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April 8, 2019Dennis Alessi Interviewed for ROI-NJ on the Frequency of Healthcare Regulation Changes

Dennis J. Alessi, Esq., Co-Chair of Mandelbaum Barrett's Healthcare and Employment Law Practice Groups, was recently interviewed for an ROI-NJ piece on the frequency of healthcare regulation changes and the effect that it has on physician and practice group compliance. Read the article here....

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November 21, 2018Mohamed Nabulsi to Speak at the ABA's 16th Annual Washington Health Law Summit

Mohamed Nabulsi, Co-Chair of Mandelbaum Barrett's Healthcare Practice Group, will be speaking at the 16th Annual Washington Health Law Summit on "Would You Like Fraud With That? Examining Pharmacy Enforcement" presented by the American Bar Association in Washington, DC on December 11th. For more information about this program and to register, click here....

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October 9, 2018Dennis Alessi Published an Article in Medical Economics on "Bringing Value-Based Compensation To Your Medical Practice"

Dennis J. Alessi, Esq., Member and Co-Chair of both the Healthcare Law and Labor and Employment Law Practice Groups, recently authored an article for Medical Economics on "Bringing value-based compensation to your medical practice." Click here to read the full article....

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April 18, 2018Mohamed Nabulsi Issues Health Law Alert on New Jersey's Out of Network Law

Mohamed Nabulsi has issued a "Health Law Alert" for clients about New Jersey's Out of Network Law....

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13 Feb2017 Mandelbaum Barrett Year in Review

We are pleased to share our 2017 Year in Review which highlights some of the Firm's notable successes during the last year. We are thankful to our clients who have allowed us to continue doing what we love. We continue to expand our practice areas and bench to reflect our clients needs....

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16 JanDennis Alessi Quoted in January 2018 Healthcare Risk Management Magazine on "Communication-and-Resolution Programs"

Dennis J. Alessi, Esq., Member and Co-Chair of the Firm's Healthcare Law and Employment & Labor Practice Groups, was quoted in the January issue of Healthcare Risk Management Magazine. The article discusses Communication-and-Resolution Programs for hospitals and health systems and improvements that can be made....

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16 JanJanuary 2018 Health Law Alert: New Law Requiring Licensure of a Surgical Practice as an Ambulatory Care Facility

Read our latest Health Law Alert on the New Law Requiring Licensure of a Surgical Practice as an Ambulatory Care Facility....

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31 OctDennis Alessi Authors Medical Economics Article on "How to Express Sympathy Without Receiving a Malpractice Law Suit"

Dennis J. Alessi, Esq., Member and Co-Chair of both the Healthcare Law and Employment Law Practice Groups at Mandelbaum Barrett, recently authored an article for Medical Economics on "How to Express Sympathy Without Receiving a Malpractice Law Suit," a topic that has recently received notable press....

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18 OctHealthcare Practice Co-Chair Mohamed Nabulsi Named a New Jersey Law Journal "Diverse Attorney of the Year"

Congratulations to Mohamed Nabulsi, Member and Co-Chair of the Firm's Healthcare Law Practice Group, who was recognized by the New Jersey Law Journal as one of its "Diverse Attorneys of the Year." This award recognizes excellence among diverse attorneys in New Jersey....

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3 AugHealth Law Alert - Suspect In-Office Laboratory Arrangements

Mohamed Nabulsi Co-Chair of the Firm's Health Law Department, has just published a Health Law Alert regarding suspect in-office laboratory arrangements....

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1 AugDennis Alessi to Present "Ethics & Recordkeeping" CEU Program August 18, 2017

It's not too late to register for the Institute for Continuing Education and Dental Studies Institute's "Ethics & Recordkeeping" course presented by Mandelbaum Barrett Member and Healthcare Department Co-Chair Dennis J. Alessi, Esq.! New Jersey chiropractors, athletic trainers, massage therapists, dentists and other dental professionals will receive 2CEUs for attendance! You can register by phone at 973-808-1666 or www.ICEclasses.com...

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1 MayHealthcare Practice Co-Chair Nabulsi Talks with Bert Baron on WCTC AM about AHCA Bill

Mohamed Nabulsi, Co-Chair of the Firm's Healthcare Practice, was a guest on Bert Baron's radio show "Jersey Central" this morning on WCTC AM discussing the revised AHCA bill. To listen to the full interview, visit: https://lnkd.in/dn2_R6s...

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4 AprDennis Alessi Authors Article on The Good, The Bad, and The Ugly of the AHCA

All of the mass media is focusing on the same aspects of the American Health Care Act (AHCA). This article written by Dennis Alessi focuses on a few of those aspects which are not being reported in the media, but which are of significant importance...

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12 MarAlessi to speak at Dental Institute Programs in June

Dennis J. Alessi, Esq. will be speaking at the following Dental Institute and The Institute for Continuing Education's upcoming programs: "Ethics & Recordkeeping" (June 9th from 10 a.m. - 12 p.m.), "Professional Practice Can be a Mine Field: Risk Management for Risky Matters" (June 9th...

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5 JanNabulsi Joins Mandelbaum Barrett as Co-Chair of Healthcare Practice Group

ROSELAND, N.J., Jan. 5, 2017 – Mandelbaum Barrett PC, one of New Jersey's most renowned and respected law firms, announced today that Mohamed H. Nabulsi joined the Firm as Co-Chair of the Healthcare Practice Group, signaling a major expansion of the practice. Nabulsi joins the Firm...

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Recent Blog Posts

October 27, 2020OSHA Stepping Up Enforcement At Health Care Businesses

Since July of 2020, the U.S. Department of Labor's Occupational Safety and Health Administration ("OSHA") has significantly increased COVID-19-related enforcement activities, levying fines against 112 establishments within the New York metropolitan area. The fines and penalties imposed by OSHA between mid-July and mid-October 2020 amount to just over $1.6 million....

Attorneys: Mohamed Nabulsi, Alex Keoskey and Steven Adler


March 16, 2020May Health Care Providers Refuse To Treat Patients With Coronavirus?

Over the last couple of weeks, clients have asked for our advice on how to properly deal with health care providers who are refusing to treat a patient suspected of having Coronavirus. It is well-known that doctors take the Hippocratic Oath to treat patients in need of medical care to the best of their abilities....

Attorneys: Steven Adler, Dennis Alessi and Mohamed Nabulsi


December 6, 2019Press Release

Attorney: Steven Adler