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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 Group 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.

Healthcare Government Investigations and Audits

Healthcare providers are subject to an increasing number of stringent and complicated laws and regulations from various state and federal agencies. Led by experienced healthcare attorneys and former AUSAs and Federal Prosecutors, Mandelbaum Barrett’s Healthcare Government Investigations and Audits practice group are zealous advocates for healthcare professionals. Our team provides sophisticated defense healthcare professionals facing government investigations, audits, white collar criminal/regulatory investigations, healthcare litigation and compliance concerns. Our practice focuses on defending healthcare providers and other clients in the healthcare space in connection with state and federal criminal investigations/prosecutions related to healthcare fraud, commercial bribery/kickbacks (including EKRA), and other criminal offenses, civil actions under state and federals False Claims Acts, insurance fraud laws (e.g., the Insurance Fraud Prevention Action), the Racketeer Influenced Corrupt Organization Act and other civil laws (including by no-fault/personal injury protection carriers), as well as Medicare/Medicaid, regulatory agency investigations/actions (e.g., DEA, Bureau of Fraud Deterrence, Drug Control Unit), and third-party payor/pharmacy benefits manager audits, investigations, self-disclosures and actions. Learn more here.

Mohamed Nabulsi Contributes to Recent Part B News Article Discussing the FTC’s Noncompete Ban as it Applies to Physicians

May 8, 2024

Mohamed Nabulsi, Esq., Chair of the Healthcare Practice Group at Mandelbaum Barrett PC, shared insights in a recent article in Part B News regarding the FTC’s proposed labor-market rule, which could significantly curtail noncompete agreements for physicians if enacted. Nabulsi suggests that this rule might disrupt traditional labor markets, empowering many employees as “free agents” […]

Mohamed H. Nabulsi Discusses the Noncompete Ban as it Relates to Healthcare in the Latest Issue of Physicians Practice

April 26, 2024

“Most Healthcare entities nationwide will soon be deprived of one of the most essential protections for their business, the non-competition provision.“ In the latest edition of Physicians Practice, Mohamed H. Nabulsi, Esq., Chair of the Healthcare Practice Group at Mandelbaum Barrett PC, provides an in-depth analysis of the recent FTC Noncompete Ban unveiled earlier this […]

Dennis Alessi, Esq. authors article for Physicians Practice titled “Privacy and ADA compliance for health care organizations”

March 13, 2024

The Americans with Disabilities Act (ADA) and state laws prohibit employment discrimination based on physical or mental disabilities, requiring compliance from all employers. Healthcare employers face additional challenges due to specific industry restrictions and privacy protections. Discover the intricacies of ADA compliance in healthcare employment with Mandelbaum Barrett PC’s Healthcare and Employment Law Co-Chair, Dennis […]

Alex Keoskey, Esq. Provided Insights to Part B News Article Titled “Hit with a Subpoena? Court Order? Know the Difference, Respond Accordingly”

March 5, 2024

Alex J. Keoskey, Esq., a Healthcare and Litigation Partner at Mandelbaum Barrett PC, provided insights in a recent Part B News article published on March 4th, highlighting the distinctions between subpoenas and court orders. Read the full article here.

Mena Francis, Esq. Contributes Insightful Blog to Part B News on “Unveiling Lesser-Known Updates to No Surprises IDR: Batching, Registration”

February 5, 2024

In a recent blog post for Part B News, Mena Francis, Esq., Healthcare Counsel at Mandelbaum Barrett PC, explores proposed changes in the No Surprises IDR process. The suggested revisions, such as eased batching provisions, seek to enhance efficiency by enabling multiple related items in a single dispute, ultimately reducing costs and promoting fair payment […]

Mohamed Nabulsi contributes to Part B News article titled “IRS crackdown shows your COVID program responsibilities aren’t over”

October 13, 2023

In the October 5th issue of Part B News, Mandelbaum Barrett PC Healthcare Chair Mohamed H. Nabulsi, Esq. was interviewed regarding the IRS crackdown announced in September regarding COVID tax relief programs, in particular, Employee Retention Credits (ERC) claims. “We typically advise clients to conduct a self-audit and, if they find that there may have […]

The Healthcare Practice Group at Mandelbaum Barrett PC welcomes 3 new attorneys

September 13, 2023

The Healthcare Practice Group at Mandelbaum Barrett PC continues to expand and is excited to welcome 3 new attorneys to the team, including Counsel Romana Kaleem, Esq., and Associates James Ko, Esq. and Beverly Nwanna, Esq. An experienced corporate and transactional attorney focusing on the healthcare sector, Romana Kaleem brings nearly 20 years of experience […]

Alex Keoskey and Jason Marx to exhibit at upcoming TriState Medical Conference

August 31, 2023

Alex J. Keoskey, Esq., Healthcare and Litigation Partner and Jason E. Marx, Esq., Tax, Trusts & Estates Partner at Mandelbaum Barrett PC will be exhibiting at the NJAOPS TriState Medical Conference on September 28th, 2023 at the Hyatt Regency in Morristown, NJ. The New Jersey Association of Osteopathic Physicians and Surgeons (NJAOPS) is the sixth […]

Alex Keoskey, Esq. spotlighted in Primerus Weekly

August 28, 2023

“One thing that is true anywhere you go is that taking orders is absolutely essential before you can give any orders,” he says. “Knowing what it’s like to be in the mud before you order people into the mud, that’s part of the military creed. I think it’s part of my civilian creed as well.” […]

Mandelbaum Barrett PC welcomes new Partner, Chris Zona, Esq.

July 17, 2023

Mandelbaum Barrett PC welcomes Chris Zona as a Partner in our Litigation, Healthcare Litigation, and White Collar and Criminal Defense Practice Groups. His practice will focus on all facets of litigation, defense and dispute resolution, investigations, and crisis management. Chris is a veteran litigator and a seasoned trial attorney and has spent time as an […]

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

Paging Cybersecurity: Healthcare Providers Need to Make a “Change” to Protect Themselves, and Their Patients, Against Cyberattacks

April 30, 2024

In February 2024, the healthcare industry was rattled by a significant cyberattack targeting Change Healthcare (“Change”), a subsidiary of UnitedHealth Group, one of the largest health insurance companies in the world. The breach sent shockwaves throughout the healthcare ecosystem, raising concerns about patient data security, operational integrity, and the vulnerability of critical infrastructure. As the […]

Healthcare Alert: Noncompetes, Once a Fixture in Healthcare Contracts, Are No More

April 24, 2024

Yesterday, the Federal Trade Commission (the “FTC”) issued a final rule (the “Rule”) that prohibits existing and future noncompetition provisions for all workers, except that pre-Effective Date (defined below) noncompetition provisions for workers who are “Senior Executives” are grandfathered. A worker constitutes a Senior Executives if he or she earns at least $151,164 per annum (including […]

Recent Amendments to the New Jersey False Claims Act

February 23, 2024

Effective June 30, 2023, the New Jersey Legislature amended the New Jersey False Claims Act (“NJFCA” or “Act”) to align it more closely with the federal False Claims Act (‘FFCA”) and, thus, make New Jersey eligible for a 10% enhancement in its recoveries in Medicaid fraud cases.[1] Overview of the NJFCA The NJFCA, enacted in […]

Healthcare Alert: Let Us Protect Your Home (Nursing Home, That Is)

February 21, 2024

Nursing Homes Under Fire – How Nursing Homes Can Protect Themselves in an Environment Where State and Federal Agencies Have Them Under a Microscope As the former Bureau Chief of the New Jersey Office of the Attorney General – Medicaid Fraud Control Unit (“MFCU”), Peter Sepulveda, Esq. received and analyzed all referrals from the New […]

Increase in Adverse Actions Against Medical Providers Relating to Workplace Civility and Communication in Hospital Settings

February 14, 2024

Standards of acceptable workplace behavior have changed drastically over the last several years, and the key to staying out of trouble is to remain current regarding the legal standards of civility and communication. In the hospital medical staff setting, disruptive behavior that was tolerated just ten years ago is no longer indulged by hospital leadership. […]

Navigating ADA Compliance Challenges in the Healthcare Sector

January 25, 2024

The Americans with Disabilities Act (“ADA”) is the primary federal statute which prohibits discrimination in employment based upon an individual’s physical or mental disabilities. State laws which prohibit disability discrimination in employment have similar prohibitions on such discrimination and in some respects compliance with the State law is even more demanding on employers than ADA […]

Should Restrictive Covenants for Doctors be Outlawed in New Jersey?

January 2, 2024

Lawyers working in New Jersey cannot be bound to non-competition agreements.  Has the time finally come to treat doctors the same way?  In this writer’s opinion the answer is no but the legislature should consider imposing certain restrictions on these agreements to make them less onerous.  Restrictive covenant agreements, also known as “non-competes,” typically preclude […]

Pharmaceutical Companies Are Aggressively Targeting Pharmacies Over The Dispensing Of Certain Compounded Drugs Related To The Weight-Loss Industry

September 22, 2023

Recently, pharmaceutical companies like Novo Nordisk (Ozempic, Wegovy, and Rybelsus) and Eli Lilly (Mounjaro) filed lawsuits in federal courts across the country against medical spas and wellness centers, compounding facilities, and pharmacies, including one of our pharmacy clients, who dispense drugs containing the active pharmaceutical ingredient semaglutide (Novo Nordisk) or tirzepatide (Eli Lilly). These lawsuits […]

BULLETIN from Mandelbaum Barrett PC’s Healthcare Practice Group Regarding the IRS’s Order To Cease Processing ERC Claims

September 21, 2023

On Thursday, September 14, 2023, IRS Commissioner Danny Werfel ordered the IRS to immediately cease processing new claims for employee retention credits (“ERC”). The pause in processing will likely run until the end of 2023 and cause a substantial delay in processing claims. The ERC is a tax credit for businesses and tax-exempt organizations that […]

Healthcare News Alerts

June 6, 2023

COVID-19 OTC TEST KITS The Healthcare Department at Mandelbaum Barrett PC successfully represented a physician practice group that participated in the Biden Harris Over the Counter Test Kit Demonstration (the “Program”) in terminating the suspension of their payments by the Centers for Medicare & Medicaid Services (“CMS”) on the basis of credible allegations of fraud.  […]

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.

These stories are successful case results from our attorneys. Please note that results may vary depending on your particular facts and legal circumstances.

Healthcare Alert: Eli Lilly Dismisses Lawsuit Against Mandelbaum Barrett PC’s Pharmacy Client in Florida

April 30, 2024

In the summer and fall of 2023, certain pharmaceutical companies, such as Novo Nordisk (Ozempic, Wegovy, and Rybelsus) and Eli Lilly (Mounjaro), filed lawsuits across the country against medical spas and wellness centers, compounding facilities, and pharmacies that dispense drugs containing the active pharmaceutical ingredient semaglutide (Novo Nordisk) or tirzepatide (Eli Lilly). These drugs have […]

Mandelbaum Barrett PC Secures Reversal of District Court Ruling in GEICO Case

April 22, 2024

On Monday, April 15, 2024, the United States Court of Appeals for the Third Circuit issued a groundbreaking precedential decision in favor of several of our medical provider clients. The appeal was managed by our healthcare litigation team, comprised of Andrew Gimigliano, Brian Block, and Mohamed Nabulsi. Specifically, the Third Circuit found that New Jersey […]

Mandelbaum Barrett PC Secures Non-Profit Status for an Independent Medical Practice PC

March 13, 2024

Mandelbaum Barrett PC’s healthcare and non-profit tax law teams have secured IRS recognition of non-profit status on behalf of an independent medical professional corporation, as an independent charity and not derivatively by associating with another charity under the “integral part” test. Because a professional corporation is, by operation of the state’s professional corporation act, a for-profit entity, […]

Healthcare Alert: Victory Before the New Jersey Board of Medical Examiners

January 16, 2024

Background/Procedural History: In May 2019, after a federal jury trial in Boston, the founder and four former executives of Insys Therapeutics Inc. were convicted in connection with bribing medical practitioners, through the provision of speaker event fees, to prescribe Subsys, a sublingual fentanyl spray intended for patients experiencing breakthrough pain, and for defrauding Medicare and […]

Mandelbaum Barrett PC’s Healthcare Litigation Team Successfully Defends Action Against Practice to Void Restrictive Covenants and Excise Whole Department

January 15, 2024

In a lawsuit by former members of a multi-specialty practice, the former members sought an order from the court that would have voided the restrictive covenants in the practice’s operating agreement and allowed them to essentially spin off a whole department from the practice to operate it as their own. Aside from making common assertions […]

Mandelbaum Barrett PC Secures Dismissal of All Claims in Allstate Insurance Fraud Case in Favor of Arbitration

December 4, 2023

Allstate sued our clients, both medical providers and individual physicians, who were reimbursed for medical treatment under the New Jersey No-Fault Law, alleging violations of the New Jersey Insurance Fraud Protection Act (“IFPA”); common law fraud; violation of the NJ Racketeering Influenced and Corrupt Organizations Act (“RICO”); and unjust enrichment. Healthcare Practice Group Chair Mohamed […]

Mandelbaum Barrett PC’s Healthcare Team Secures Complete Exoneration of Physician

September 22, 2023

In March 2020, New Jersey became the epicenter of the global COVID-19 pandemic.  As the pandemic spread, our client, a board-certified vascular and general neurologist, worked 24-hour, seven-day, on-call shifts for a local hospital as well as several other area hospitals to assist in combating the spread of the disease.  At the same time, as […]

Mandelbaum Barrett PC Secures Favorable Settlement of False Claims Act Action Against Florida Pharmacy

September 14, 2023

In an action filed by certain patients of the pharmacy as Relators under the federal False Claims Act (the “FCA”), the Relators contended, on behalf of the United States, that the pharmacy violated the FCA by submitting claims to United States Department of Labor (“DOL”) for a non-controlled compound supplement, that were either not ordered […]

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