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Healthcare

Ward Greenberg’s Healthcare group assists institutions and providers in managing the comprehensive and challenging array of regulations, payor demands, competitive pressures, and reporting obligations. We represent academic medical centers; medical, dental and nursing schools; hospitals; nursing homes; senior living facilities; and providers in all regions of New York State.

When a claim or investigative demand surfaces, our attorneys respond promptly, with skill and focus. Our in-depth knowledge of the healthcare industry allows us to promptly grasp the situation and map out an appropriate strategy, consistent with our client’s objectives and interests. With decades of experience, clients trust the Healthcare group at Ward Greenberg to bring a calm, confident, and collaborative approach to address the problems at hand, minimize negative publicity that might compromise the institution’s near- and long-term interests, and deliver efficient, value-added services. We do not make mountains out of molehills when addressing and solving your problems.

Representative Experience

  • Obtained dismissal of various reimbursement-related qui tam claims under the Federal and New York State False Claims Acts, brought by former facility administrator. Matter of Quartararo ex rel. United States v. Catholic Health Svcs. of Long Is., 2017 U.S. Dist. LEXIS 50696 (E.D.N.Y.).
  • Obtained complete dismissal of action asserting defamation claims against medical center and fourteen individual members of its staff and administration asserted by a former medical staff member. Colantonio v. Mercy Medical Center, 135 AD3d 686 (2nd Dept.), lv. denied, 28 NY3d 903.
  • Secured judgments invalidating denials of challenges to Medicaid rate calculations on behalf of numerous nursing homes, resulting in global settlements totaling approximately $12 million. United Home for Aged Hebrews v. New York State Dept. of Health, Index Number 16110-11 (Sup. Ct. Westchester Cty.) and Matter of Howe Ave. Nursing Home-Montefiore v. New York State Dept. of Health, Index. No.16136-11 (Sup. Ct. Westchester Cty.).
  • Obtained orders dismissing False Claims Act claims and related state law claims, and sanctioning counsel for relator, and securing affirmance of those orders on appeal. United States ex rel. Johnson v. University of Rochester Medical Center, 642 F3d 121 (2d Cir).
  • Secured complete dismissal of ethnic and race discrimination claims, retaliation claims, and breach of contract claims asserted by former medical staff member. Koul v. Univ. of Rochester, 285 F. Supp. 3d 595 (W.D.N.Y.).
  • Successfully represented healthcare network and affiliates in antitrust case, securing dismissal of all claims without monetary payment.
  • Conducted extensive internal investigation into claims that senior administrator at large medical center discriminated against hospital staff and violated institutional code of conduct, resulting in the imposition of recommended corrective action and in the avoidance of monetary exposure on the part of the institution.
  • Assisted large medical center in responding to a governmental investigation of service line provided through a third party that was alleged to have engaged in potentially criminal conduct; the medical center was absolved of any wrongdoing or responsibility.
  • Represented various medical colleges alleged to have violated NIH grant administration and grant reporting procedures.
  • Representing nine hospitals in joint laboratory billing investigation conducted by the Office of the Inspector General and by the United States Attorney’s Office.
  • Represented group of academic medical centers with respect to the retention of a favorable Medicaid reimbursement methodology.
  • Prosecuted, on behalf of a group of approximately 60 hospitals in New York State, claims that resulted in issuance of injunction against threatened recoupment of more than $80 million in previously paid Medicaid reimbursement.
  • Assisted large teaching hospital in termination of hospital-based physician group, and securing dismissal of contract, staff credentialing, and restrictive covenant claims.
  • Represented numerous hospitals, nursing homes and individual healthcare professionals in investigations by the New York Attorney General’s Medicaid Fraud Control Unit.
  • Regular representation of hospitals, nursing homes, and physicians in connection with medical malpractice and professional negligence claims.
  • Assist medical professionals in connection with investigations by the Office of Professional Medical Conduct, the Medicaid Fraud Control Unit, the Office of the Medicaid Inspector General, the Department of Health, and the Office of Professional Discipline.
  • Represent numerous healthcare institutions across New York State in connection with self-disclosures of Medicare and Medicaid overpayments to the United States Attorney, the HHS Office of the Inspector General (OIG), and the Office of the Medicaid Inspector General (OMIG).
  • Assist institutional healthcare clients in connection with internal investigations into allegations of sexual harassment, gender discrimination, resident and staff abuse, unsafe clinical conduct, Medicaid billing abuse, Medicare billing abuse, research fraud, scientific misconduct, the provision of allegedly unnecessary clinical care, and various other matters.
  • Provide corporate compliance advice and services to numerous hospitals, nursing homes, and physician groups.