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Healthcare

As one of the largest healthcare practices in the state, our team of professionals focus on protecting healthcare entities and providers in a complex and ever-changing legal landscape.

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.

Mandelbaum Barrett Successfully Dismisses Claims in Case Involving Geico Alleging RICO and Other Violations

July 5, 2022

In a decisive early victory in court, Dr. Elkholy and the Precision Pain & Spine Institute secured the dismissal of all but one of Geico’s claims against them, including Geico’s RICO and common law fraud claims, and forced Geico to institute these claims in arbitration. Dr. Elkholy and the Precision Team are confident that they […]

Alex Keoskey, Esq., Healthcare Partner at Mandelbaum Barrett recently contributed to an article in the May 12th issue of DecisionHealth – Medical Practice Resources Part B News titled “When audit, discipline are not enough, report defrauding providers.”

May 19, 2022

https://bit.ly/3LvlsaP

Mohamed Nabulsi, Esq. authors article for NJBIZ titled " Fighting Back: Facing extinction amid monopolization, independent pharmacies see a lifeline"

January 18, 2022

Mandelbaum Barrett's Healthcare Co-Chair Mohamed H. Nabulsi, Esq. has authored an article in the January 17, 2022 issue of NJBIZ titled "Fighting Back: Facing extinction amid monopolization, independent pharmacies see a lifeline." Nabulsi writes, "Chain pharmacies, mass retailers and supermarkets have undercut the market by selling generic drugs at less than cost, often accepting significant losses on generic drugs, simply to draw more business to their stores. The race to the bottom has almost single-handedly wiped out independent pharmacies."

Alex Keoskey interviewed for Medical Economics article titled "Dealing with Medical Board Complaints"

January 13, 2022

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."

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

November 16, 2021

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.

Nabulsi and Adler Spoke at MSNJ's Policy and Strategy Panel on Restrictive Covenants

July 22, 2020

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

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

March 19, 2020

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.

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

October 16, 2019

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.

Dennis Alessi Interviewed for ROI-NJ on the Frequency of Healthcare Regulation Changes

April 8, 2019

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.

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

November 21, 2018

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.

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

October 9, 2018

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.

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

January 16, 2018

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.

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

October 31, 2017

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.

Health Law Alert – Suspect In-Office Laboratory Arrangements

August 3, 2017

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

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

August 1, 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

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

May 1, 2017

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

Dennis Alessi Authors Article on “The Good, The Bad, and The Ugly of the AHCA”

April 4, 2017

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

Client Alert: Aggressive Prosecution of COVID-19 Drive-Through Testing Arrangements

April 22, 2022

Recently, the U.S. Department of Justice, in a series of aggressive and seemingly novel prosecutions, charged numerous healthcare providers and others who operated COVID-19 testing sites due to their billing Federal Healthcare Programs for evaluation and management (“E&M”) services (as add-ons to COVID-19 tests) for encounters with patients who reported to drive-through sites for COVID-19 […]

N.J. Establishes Emergency Health Care Provider Registry

April 30, 2020

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.

Insurance Companies Feeling Pressure to Cover Financial Losses in the Wake of COVID-19

April 28, 2020

April 28, 2020 By Lawrence C. Weiner and Boris Peyzner As weeks turn to months, businesses continue to suffer massive losses as a result of state governments’ stay at home orders. One of the most common questions we are receiving is “will my business interruption insurance cover these financial losses?” Our last alert addressed this […]

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

April 28, 2020

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."

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

April 24, 2020

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.

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

April 24, 2020

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.

New Jersey Grants Statutory Immunity to Healthcare Professionals and Facilities Combatting COVID-19

April 16, 2020

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.

New Jersey and New York Commandeer Critical Medical Supplies

April 9, 2020

April 9, 2020 By Damian P. Conforti and Melody M. Lins Faced with the continuous rise in Coronavirus confirmed cases and escalating death tolls, the Governors of both New York and New Jersey have taken new aggressive measures to expand the capacity of their health care systems and address the critical shortage of medical resources […]

Recently-Imposed Restrictions on the Prescribing and Dispensing of Potential COVID-19 Medications

April 7, 2020

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

New Jersey Assembly Introduces Bill Requiring Insurers to Pay for COVID-19 Virus Related Losses

April 6, 2020

April 6, 2020 By Lawrence C. Weiner and Boris Peyzner On March 9, 2020, a State of Emergency was declared by Governor Murphy and just twelve days later on March 21, 2020, Governor Murphy signed Executive Order 107 (the “Order”). The Order, among other things, mandates all non-essential businesses in New Jersey to close, thereby […]

Medicare Suspension Terminated Due to COVID-19 Waivers

April 3, 2020

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

COVID-19: Accelerated and Advance Payment Program for Medicare Providers

April 3, 2020

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.

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

April 2, 2020

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."

New Jersey Immunizes Healthcare Workers from Civil Liability and Temporarily Suspends Numerous Statutory and Regulatory Requirements Governing the Healthcare Professions

April 2, 2020

April 2, 2020 By Mohamed H. Nabulsi Late yesterday, Governor Murphy issued yet another sweeping and unprecedented Executive Order, No. 112, in an attempt to facilitate the State’s war against COVID-19 by removing regulatory barriers to health care professionals joining the State’s efforts and by providing protections for front line health care responders. 1. Advanced […]

David Slays Goliath In The Battle Between Healthcare Providers And UnitedHealthcare

March 30, 2020

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.

Alert: Gov. Murphy's Latest Executive Order

March 30, 2020

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.

Successful Challenge to Healthcare Fraud DOJ Prosecution

March 27, 2020

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.

Proposed Legislation To Override Virus Exclusions In Business Interruption Policies

March 26, 2020

March 26, 2020 By Mohamed H. Nabulsi and Ryan M. Buehler Newly-proposed legislation, introduced on March 16, 2020, would override business interruption insurance policies that exclude from coverage losses or damages resulting from viruses (such as COVID-19) and, thus, require that the applicable carrier provide the insured with business interruption coverage for losses/damages resulting from […]

How Much Are You Charging for Medical Supplies? The Federal Government Wants to Know

March 25, 2020

March 25, 2020 By Damian P. Conforti and Melody M. Lins On March 18, 2020, President Trump issued Executive Order 13909 in recognition of the vital role that health and medical resources continue to play in addressing the COVID-19 pandemic. Per the President’s Order, the Secretary of Health is now empowered to control private sales […]

ASC/Surgical Practice Update Re. COVID-19

March 24, 2020

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.

New Jersey Executive Order 107 Directive for Healthcare Providers

March 21, 2020

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.

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

March 18, 2020

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.

May Health Care Providers Refuse To Treat Patients With Coronavirus?

March 16, 2020

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.

Mohamed Nabulsi Issues Health Law Alert on New Jersey's Out of Network Law

April 18, 2018

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

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

January 16, 2018

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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