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.
CEO William Barrett and Healthcare Chair Mohamed Nabulsi named as 2023 NJBIZ Leaders in Law Honorees
April 11, 2023
We are thrilled to share that Mandelbaum Barrett PC CEO William Barrett and Healthcare Chair Mohamed Nabulsi have been named by NJBIZ to their 2023 Leaders in Law honoree list! Following an open nomination period, honorees were chosen by a panel of independent judges with experience in the justice system. The selections were based on legal professionals – lawyers and general […]
Mohamed Nabulsi, Esq. and Ahmed Gadalla, Esq. co-author article for Medical Economics titled “The Recent Uptick in False Claims Act Investigations Explained”
February 27, 2023
“Under the Health Resources & Services Administration (“HRSA”) Uninsured Program (the “Program”), healthcare providers who conducted COVID-19 testing or provided treatment for uninsured individuals with a COVID-19 primary diagnosis on or after February 4, 2020, or provided COVID-19 vaccine administration on or after December 14, 2020, were entitled to reimbursement through the Program based on […]
Former AUSA Maureen Ruane to Join Mandelbaum Barrett PC as a Partner in the Healthcare Practice Group in March.
February 21, 2023
Maureen Ruane is a distinguished healthcare lawyer and former federal prosecutor who previously served as Chief of the Health Care & Government Fraud Unit at the U.S. Attorney’s Office for the District of New Jersey. Starting in 2010, she created and led the Office’s first stand-alone Health Care & Government Fraud Unit. As Chief, Maureen […]
Alex Keoskey, Esq. Co-Authors Article for the New York Law Journal Titled “Representing Physicians in Criminal, Civil and Regulatory Actions”
February 3, 2023
“Like all professionals, physicians can become the target of civil, criminal, regulatory or administrative actions by law enforcement, prosecutorial and regulatory authorities. Unlike many other professionals, however, physicians are subject to an adverse action reporting system at both the state and federal level.” In today’s issue of the New York Law Journal, Mandelbaum Barrett PC Healthcare […]
Mandelbaum Barrett PC is pleased to announce that Healthcare Litigation Partner Alex Keoskey, Esq. has joined the faculty of PBI Education.
January 26, 2023
PBI Faculty are selected based on their clinical, academic, and professional skillsets. The PBI Mission is to safeguard the public by providing clinicians and educators preventative education and personalized remedial interventions that reduce lapses in professionalism, thereby improving competence and performance. Learn more about the PBI Education program here.
UnitedHealthcare Sued Over Thousands of Denied Covid-19 Claims
December 30, 2022
UnitedHealthcare has been hit with a class action lawsuit in the United States District Court for the Middle District of Florida over allegations that it has failed to cover COVID-19 testing and reimburse plaintiff labs for more than 34,000 tests. The case, brought by Mandelbaum Barrett PC on behalf of labs performing COVID-19 tests and […]
Alex Keoskey, Esq. was a Recent Guest on “Latte with a Lawyer” Podcast
December 1, 2022
Mandelbaum Barrett PC Healthcare Litigation Partner, Alex Keoskey, Esq. was a recent guest on EmotionTrac’s “Latte with a Lawyer” Podcast. In the episode, Alex discusses his professional background and practice which focuses on healthcare litigation and complex regulatory compliance issues for the firm’s healthcare and litigation groups. Alex regularly litigates matters in state and federal […]
Why You Want to Avoid an Adverse Report to the National Practitioner Database – Alex Keoskey Authors for Medical Economics
November 1, 2022
Health care providers practice in a regulatory environment that is evolving at a dizzying pace. Within the last century, physicians have journeyed from an entirely self-regulated guild to a complex system of rigid enforcement controlled by lawyers, compliance officers and government regulators. However, the most significant aspect of health law that has changed markedly over […]
Alex Keoskey, Esq., Healthcare Partner at Mandelbaum Barrett PC 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 PC'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 PC 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 PC'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 PC 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 PC partners Mohamed Nabulsi and Steven Adler
Mandelbaum Barrett PC 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 PC 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 PC'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 PC'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 PC, 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 PC 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
Healthcare Alert: CMS Aggressively Targets OTC COVID-19 Test Kit Providers
March 3, 2023
In April of 2022, the Biden-Harris Administration announced that Americans with Medicare Part B, including those enrolled in a Medicare Advantage plan (“Medicare Beneficiaries”), were eligible for up to eight Food and Drug Administration approved, authorized, or cleared over-the-counter COVID-19 test kits per month at no cost under this new program (the “Program”), distributable to […]
Healthcare Client Alert: Uptick in False Claims Act Investigations
February 8, 2023
In the last several months, we have witnessed an uptick in government investigations of laboratories and other providers (audits and Civil Investigative Demands alleging violation of the False Claims Act (“FCA”)) related to the billing of the HRSA Uninsured Program for COVID-19 testing, treatment and vaccine administration (the “Program”). In light of this trend, providers may […]
New Jersey Healthcare Alert: AMA Opposing APNs Expanded Scope of Practice in NJ
January 27, 2023
During the COVID-19 pandemic, Governor Murphy issued Executive Order No. 112, which waived existing practice restrictions for advanced practice nurses (APNs). A proposed New Jersey Senate Bill (S-1522) would go further, permanently expanding the scope of practice for APNs. The AMA is opposed to this bill, based on their position that APNs do not receive […]
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.
