Publications - Health Law

Articles
Use False Claims Act to Stop M+C Payment Abuse
Strategies for Health Care Compliance
September 2002
by Mark L. Mattioli

Provider Liability for the Mistakes of Consultants
Corporate Compliance Officer
August 2001
by Mark L. Mattioli

Avoid Scrutiny from HHS with Appropriate Policies and Procedures for Patient Complaints
August 1, 2002
by Edward F. Shay

Start Thinking about Enforcement for Transactions and Code Sets Now
October 1, 2002
by Edward F. Shay

Take a Look at How Your HIPAA Compliance Plan Affects Your Insurance
November 1, 2002
by Edward F. Shay

Consider the Pros and Cons of OHCAs
December 1, 2002
by Edward F. Shay

Economic Credentialing as a Mechanism to Prevent Free Riding by Physicians: Pro-Competitive Justifications and Practical Considerations
Late Spring (June) 2007
by Mark L. Mattioli

New Pressures for Compliance Officers and Auditors
Sarbanes-Oxley Act Enforcement
Sarbanes-Oxley Act: Impact on Health Care Organizations
May 2003
by Ronald H. Levine

DOJ Limits Criminal Liability for HIPAA Violations: Wet Blanket on Privacy Enforcement, or is DOJ Turning up the Heat?
Compliance Today
November 2005
by John N. Joseph

Health Care Fraud Investigations: Is There a Way Back Up the Slippery Slope?
Business Crimes Bulletin
December 2002
by Ronald H. Levine

Provider-Vendor Relationships: Off-Label Promotion
March 13, 2007
by Ronald H. Levine

Promoting Quality Care & Patient Safety: The Case For Abandoning The Joint Commission’s “Self-Governing” Medical Staff Paradigm
Michigan State University Journal of Medicine and Law
Spring/Summer 2010
by Brian M. Peters and Robin Locke Nagele

Parallel Proceedings and the Perils of the Adverse Inference
Journal of Health & Life Sciences Law
January 2009
by Peter D. Hardy and Matthew T. Newcomer

Can Preventing Diversion of Profitable Patients Justify Hospitals' Economic Credentialing Under the Antitrust Laws?
April 2008
by Mark L. Mattioli

Enforcement Related to Off-Label Marketing and Use of Drugs and Devices
Journal of Health & Life Sciences Law
January 2009
by John N. Joseph, David Deaton, Houman Ehsan and Mark A. Bonanno

The Joint Commission's Medical Staff Standard MS.01.01.01: Shoring up a Dysfunctional Leadership Model
The Governance Institute's BoardRoom Press
Scheduled for publication in August, 2010
by Robin Locke Nagele

Courts Reject Nationwide Charity Care Class Action Litigation
The Legal Intelligencer
December 30, 2004
by Robin Locke Nagele and Catherine A. Leitzel

MCARE & Physician Licensing Board Sanctions
Physican's News Digest
January 2005
by Donald N. Camhi, James J. Kutz and Benjamin A. Post

Charity Care Class Action Litigation Is Denied Federal Status
The Health Lawyer
March 2005
by Robin Locke Nagele and Catherine A. Leitzel

Practice Resource: Model Conflict-of-Interest Policies
Journal of Health Law
Spring 2005, Volume 38, No. 2
by Robin Locke Nagele

JCAHO Issues Material Revision to Medical Staff Self Governance Standard MS.1.20
January 2005
by Brian M. Peters

CORPORATE GOVERNANCE AND COMPLIANCE: LESSONS LEARNED
March 12, 2008
by Ronald H. Levine

Hospital Privileges as Kickbacks?: The Economic Credentialing Debate Commands Renewed Attention
The Health Law Handbook, 15th Edition
2003
by Robin Locke Nagele

Fee Shifting In Frivolous Qui Tam Actions: Is It Time to Turn the Tide?
Strategies for Health Care Compliance
December 2002
by Mark L. Mattioli

OIG’s Use of Civil Penalties v. False Claims Violations
November 1, 2002
by Mark L. Mattioli

OIG's Use of Civil Penalties May Dwarf False Claims Violations
Strategies for Health Care Compliance
October 2002
by Mark L. Mattioli

Quality of Care as False Claims Violations
Corporate Compliance Officer
March 2002
by Mark L. Mattioli

Whistleblowers Claim Retaliation: A Risk-Management Nightmare
Corporate Compliance Officer
February 2002
by Mark L. Mattioli

The Role of the Nursing Home Compliance Officer in 2003: A New Paradigm?
Briefings on Long-Term Care Regulations
March 2003

Religious and National Origin Discrimination: The Forgotten Duo Stirring Post 9/11
Employment Law
May 2003

Harassment Investigations: The State of the Art and the State of the Law
9th Annual Northeast Regional Employment Law Institute
April 2003

How to Protect Your Rights Where Employer Liability Insurance is Involved or How to Adjust Your Strategy When Insurance is Involved
8th Annual Northeast Regional Employment Law Institute
April 2002
by A. James Johnston

No “Bumping”: The Third Circuit Tightens Up the Prima Facie Case Requirements in RIFs
The Legal Intelligencer
August 14, 2002

Get an Inside Track on FCA Prosecution
Briefings on Long-Term Care Regulations
October 2002
by Ronald H. Levine

The Next "New Thing" - Quality of Care
Briefings on Long-Term Care Regulations
September 2002
by Ronald H. Levine

Why Long-Term Care Providers Need to Brush Up on the New Corporate Fraud Law
Briefings on Long-Term Care Regulations
January 2003
by Ronald H. Levine

Elder Abuse: Prevention and Damage Control
Briefings on Long-Term Care Regulations
December 2002
by Ronald H. Levine

Health Care and Compliance after 9/11
Corporate Compliance Officer
July 2002
by Ronald H. Levine

Keep Conflicts of Interest Out of Your SNF
Briefings on Long-Term Care Regulations
April 2003
by Ronald H. Levine

Prosecution of Quality of Care Under the FCA
A Federal Prosecutor's Take on Consent Orders and Compliance Programs
Briefings on Long-Term Care Regulations
November 2002
by Ronald H. Levine

Marketing and Privacy: Take Aim at a Moving Target
July 1, 2002
by Edward F. Shay

CEO HIPAA Transaction Alert: Get a Contingency Plan
July 1, 2003
by Edward F. Shay

Avoid These Pitfalls and Use Common Sense when Handling Business Associate Agreements
September 1, 2002
by Edward F. Shay

HIPAA: Data Trade Prosecutions on the Horizon?
Law Journal Newsletters: Business Crimes Bulletin
October 1, 2003
by Ronald H. Levine

Physicians' Liability for Hospital Coding Errors: It's Everyone's Problem - Yours and Theirs
Corporate Compliance Officer
October 2001
by Mark L. Mattioli

Sarbanes-Oxley: Health Care's Next Regulatory Challenge
Health Governance Report
July 2003
by Ronald H. Levine

Pay Attention to HIPAA’s Hidden Private Right of Action
January 1, 2003
by Edward F. Shay

Legal Disclosures: Know what the Privacy Rule Says about Responding to Subpoenas
February 1, 2003
by Edward F. Shay

Can HIPAA Survive Transactions?
April 1, 2003
by Edward F. Shay

Hot Trends in Antitrust Enforcement: PHOs and Mergers
Strategies for Health Care Compliance
May 2003
by Mark L. Mattioli

Pay Close Attention to these Important Business Associate Agreement Provisions
June 1, 2002
by Edward F. Shay

Fundraising was Hard Enough before April 14: The Privacy Rule Hits Charity Work
June 1, 2003
by Edward F. Shay

Opinions
HealthAmerica Pennsylvania Inc. vs. Susquehanna Health System
July 21, 2003
by Jonathan B. Sprague

Outlines
Shadowing The Feds: Conducting An Internal Investigation
February 11, 2004
by Ronald H. Levine

Monographs
A New Day for Healthcare Organizations: Sarbanes-Oxley Certification Requirements, Compliance, and Exposures
American Health Lawyers Association Members Briefing
January 2004
by Ronald H. Levine and Jennifer Short

Books
Health Law and Litigation in Pennsylvania and New Jersey (Volumes 1 & 2)
Copyright 2001 WESTGroup (Yearly Pocket Parts)
by Brian M. Peters, Jonathan B. Sprague and Wendy C. Maneval

E-Flash
Third Circuit Reaffirms Need for Healthcare Organizations to Substantiate
February 6, 2009
by Peter D. Hardy, John N. Joseph and Paula G. Sanders

HIPAA Lessons Learned From HHS-Providence Resolution Agreement
September 24, 2008
by Steven J. Fox, Vadim Schick and Edward F. Shay

John Joseph Presenting with Lew Morris, Counsel to the Inspector General for the Department of Health and Human Services, at the HCCA's 12th Compliance Institute
April 1, 2008
by John N. Joseph

Employers Must Pay Employees for Bloodborne Pathogen Testing and Follow-Up, and Reimburse Related Travel Expenses
September 12, 2008
by Ross G. Currie

Hospital Not Liable for Disability Discrimination Against Physician Who Posed Direct Threat to Patient Safety
June 23, 2008
by Mark L. Mattioli, Ross G. Currie, Vincent Candiello and A. James Johnston

Nursing Wage Antitrust Litigation Update
The Tempo is Increasing as a Possible Vote on the Employee Free Choice Act Nears
March 30, 2009
by Mark L. Mattioli, William J. Flannery, Vincent Candiello and Andrew W. Allison

FTC Announces Two Public Workshops and Roundtables on Emerging Health Care Competition and Consumer Issues
September 22, 2008
by Mark L. Mattioli and Edward F. Shay

Federal Appeals Court Reverses Kadlec And Eases Hospital Disclosure Obligations
May 22, 2008
by Robin Locke Nagele, Kathleen Chancler, Mark L. Mattioli and Ross G. Currie

IRS Continues to Crack Offshore Bank Secrecy - Risks Mount
February 20, 2009
by Peter D. Hardy and Matthew T. Newcomer

Bundled Services In Healthcare:
Antitrust in a Two Hospital Town
May 30, 2008
by Mark L. Mattioli

HIPAA Enforcement Provides Template for Enforcement of Upcoming "Red Flag Rules" Requirements for Identity Theft Prevention Programs
April 3, 2009
by Peter D. Hardy and Vadim Schick

Governance Update: Supreme Court's Conrad Black Decision May Limit Claims of "Honest Services" Fraud
September 14, 2009
by Ronald H. Levine

Nursing Wage Case Antitrust Update:
Department of Justice Alleges that Hospital Association Depressed Wages for Temporary Nurses
May 29, 2007
by Mark L. Mattioli

Class Action Wage-Hour Suits Filed Against Pennsylvania Hospitals
November 24, 2009
by Andrew W. Allison

Philadelphia Court of Common Pleas Holds "8 and 80" Overtime System Violates Pennsylvania Minimum Wage Act
April 9, 2010
by Andrew W. Allison, A. James Johnston, Sidney R. Steinberg, William J. Flannery and Vincent Candiello

Risk Prevention/Management Advice to Hospitals Regarding Document-Sharing Technology
April 1, 2009
by Steven J. Fox and Vadim Schick

NPDB Guidance Re-Affirms Breadth of Hospital Reporting Obligations
August 24, 2009
by Robin Locke Nagele and Ross G. Currie

Enforcement Related to Off-Label Marketing and Use of Drugs and Devices: Where Have We Been and Where Are We Going?
May 1, 2009
by John N. Joseph

DEA's Drug Diversion Focus Underscores Importance of Controlled Substances Compliance and Audit Programs
March 2, 2010
by Ronald H. Levine and Ross G. Currie

Profound Physician Credentialing, Quality Oversight and Board Fiduciary Duty Issues Raised in Connection with Indicted Pediatrician
Financial Exposures Could Force Delaware's Beebe Medical Center into Bankruptcy
May 24, 2010
by Robin Locke Nagele and Brian M. Peters

OIG Advisory Opinion on Test Tube Labeling Reinforces Risks of
June 30, 2008
by Robin Locke Nagele, John N. Joseph and Ross G. Currie

Briefings
Document Retention after Arthur Andersen: Can You Ever Destroy a Document?
Philadelphia Bar Institute's 12th Annual Health Law Institute
March 15, 2006
by Ronald H. Levine and John N. Joseph

Internal Investigations by Healthcare Organizations: Practical Considerations
Member Briefing for American Health Lawyers Association
Sarbanes-Oxley Act Task Force
October 2005
by Ronald H. Levine

Presentations
Medical Reportable Events: Serving Two Masters
PADEP Radiation Protection Program
PBI Health Law Institute
March 13, 2009
by Terry R. Bossert

“Conference Room” Advocacy: Favorably Resolving Your Client’s Matter with the Government
PBI 15th Annual Health Law Institute
March 12, 2009
by Ronald H. Levine and Peter D. Hardy

Navigate Medicare's RACs and Medical Necessity Maze
June 4, 2008
by John N. Joseph

E-Alert (Third Party)
Beware: Corporate Executives Often Will Lack Standing to Challenge a Business Premises Search Which Results in the Seizure of
American Health Lawyers Association: Business Law and Governance Practice Group Corporate Governance Update
March 4, 2009
by Ronald H. Levine