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Health Care Law Brief

Proskauer's perspective on health care law and business

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Alternative Data

FTC Blog Post Highlights Regulatory Focus on Collection of Location and Health Data View More…

Antitrust

Public Portal to Promote Healthy CompetitionFTC’s One-Two Punch on Data Tracking and Health Privacy View More…

Artificial Intelligence

This New Year, California Imposes Guardrails on the Use of AI by Payors for Utilization Management Determinations View More…

Compensation

New York State to Fund Bonuses for Certain Healthcare Workers as Part of State Budget View More…

COVID-19

President Biden Announces the End of the COVID-19 Emergencies: The Health Care Industry Has Less Than Four Months to PrepareKey Legal Issues Facing Telehealth Platforms, as Compliance Concerns Bubble for Platforms Launched During the Public Health Emergency View More…

Cybersecurity

New HIPAA Requirements Place Additional Privacy Obligations on Covered Entities and Patients in an Effort to Protect Reproductive Health Care InformationCybersecurity a Top Priority – HHS Publishes New Cybersecurity Performance Goals View More…

Digital Health Technology

OIG Issues Final Information Blocking Enforcement Rule and Highlights the Potential for Referrals to the FTC and FCA LiabilityFTC’s One-Two Punch on Data Tracking and Health Privacy View More…

Employment Law

New York State to Fund Bonuses for Certain Healthcare Workers as Part of State Budget View More…

Fraud & Abuse

DOJ’s Civil Rights Fraud Initiative: Key Considerations for Health Care ProvidersCMS to Immediately Begin Auditing Medicare Advantage Plans in Significant Expansion of Enforcement Efforts View More…

Government Contractors

CMS to Immediately Begin Auditing Medicare Advantage Plans in Significant Expansion of Enforcement EffortsDEI and Government Contractors: A High-Stakes Shift View More…

Health

CMS to Immediately Begin Auditing Medicare Advantage Plans in Significant Expansion of Enforcement EffortsPost‑Chevron Spotlight: Federal Court Nixes FDA Rule Reclassifying Laboratory Services as Medical Devices View More…

Health Care Litigation

DOJ’s Civil Rights Fraud Initiative: Key Considerations for Health Care ProvidersCMS to Immediately Begin Auditing Medicare Advantage Plans in Significant Expansion of Enforcement Efforts View More…

Health Care Privacy/HIPAA

This New Year, California Imposes Guardrails on the Use of AI by Payors for Utilization Management DeterminationsShortly After its Online Tracking Technologies Bulletin is Declared Unlawful, HHS-OCR Stands Down, Withdraws Appeal View More…

Health Care Transactions

Oregon Governor Signs S.B. 951, Representing the Nation’s Most Onerous Restriction on the Friendly PC ModelCMS to Immediately Begin Auditing Medicare Advantage Plans in Significant Expansion of Enforcement Efforts View More…

Healthcare

No Surprises Here!  Connecticut District Court Confirms IDR Awards Are Enforceable Under the NSA, Deepening Judicial Divide Over Award Enforcement MechanismsCMS to Immediately Begin Auditing Medicare Advantage Plans in Significant Expansion of Enforcement Efforts View More…

HIPAA

Shortly After its Online Tracking Technologies Bulletin is Declared Unlawful, HHS-OCR Stands Down, Withdraws AppealNew HIPAA Requirements Place Additional Privacy Obligations on Covered Entities and Patients in an Effort to Protect Reproductive Health Care Information View More…

Home Health Services

Long Awaited Approval of the 1115 Waiver Amendment for New York State Medicaid – Just in Time for the Executive Budget State Fiscal Year (SFY) 2025CMS releases guidance on Expanded Home Health Value-Based Purchasing (“HHVBP”) Model View More…

Hospitals & Health Systems

No Surprises Here!  Connecticut District Court Confirms IDR Awards Are Enforceable Under the NSA, Deepening Judicial Divide Over Award Enforcement MechanismsDOJ’s Civil Rights Fraud Initiative: Key Considerations for Health Care Providers View More…

Insurance

CMS to Immediately Begin Auditing Medicare Advantage Plans in Significant Expansion of Enforcement EffortsNYS DFS Revisits PBM Regulation with Scaled-Back Draft Rules View More…

Legislation

Oregon Governor Signs S.B. 951, Representing the Nation’s Most Onerous Restriction on the Friendly PC ModelNY DOH Publishes Electronic Material Health Care Transaction Reporting Form, Increasing Disclosure Requirements to Include Potentially Sensitive Business Information View More…

Mobile

FTC Blog Post Highlights Regulatory Focus on Collection of Location and Health Data View More…

Payors

No Surprises Here!  Connecticut District Court Confirms IDR Awards Are Enforceable Under the NSA, Deepening Judicial Divide Over Award Enforcement MechanismsDOJ’s Civil Rights Fraud Initiative: Key Considerations for Health Care Providers View More…

Privacy Law

New HIPAA Requirements Place Additional Privacy Obligations on Covered Entities and Patients in an Effort to Protect Reproductive Health Care InformationHHS Publishes Roadmap of New Strategy for Cybersecurity in the Healthcare Sector View More…

Providers

No Surprises Here!  Connecticut District Court Confirms IDR Awards Are Enforceable Under the NSA, Deepening Judicial Divide Over Award Enforcement MechanismsCMS to Immediately Begin Auditing Medicare Advantage Plans in Significant Expansion of Enforcement Efforts View More…

Regulatory

CMS to Immediately Begin Auditing Medicare Advantage Plans in Significant Expansion of Enforcement EffortsDOH Issues Guidance on New York’s Material Health Care Transaction Law View More…

Regulatory Compliance

CMS to Immediately Begin Auditing Medicare Advantage Plans in Significant Expansion of Enforcement EffortsNY DOH Publishes Electronic Material Health Care Transaction Reporting Form, Increasing Disclosure Requirements to Include Potentially Sensitive Business Information View More…

Reimbursement

No Surprises Here!  Connecticut District Court Confirms IDR Awards Are Enforceable Under the NSA, Deepening Judicial Divide Over Award Enforcement MechanismsCMS to Immediately Begin Auditing Medicare Advantage Plans in Significant Expansion of Enforcement Efforts View More…

Telehealth

OIG Issues Special Fraud Alert Regarding Telemedicine ArrangementsHHS Issues HIPAA Guidance on Remote Communication Technologies for Audio-Only Telehealth View More…

Uncategorized

Disproportionate Impact: Supreme Court Narrows Disproportionate Share Hospital Reimbursement to Supplemental Security Income Cash RecipientsNo Surprises Here!  Fifth Circuit Upholds QPA Calculations and Disclosure Requirements, but Sides with Providers on Payment Deadlines  View More…

Our Editorial Team

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Photo of Edward S. KornreichEdward S. KornreichPartner

Past long-standing chair of Proskauer’s Health Care Department, Ed Kornreich is a recognized authority on the legal, regulatory and business issues related to health care…

Past long-standing chair of Proskauer’s Health Care Department, Ed Kornreich is a recognized authority on the legal, regulatory and business issues related to health care services.

Areas of Concentration

Ed works primarily on health care transactions, regulatory compliance, health care payment and governance issues for varied providers (both for-profit and not-for-profit), vendors, GPOs, distributors and entrepreneurs. His approach combines sensitivity to meeting regulatory business goals with a comprehensive and realistic assessment of the health care environment, and he is particularly experienced in dealing with the complex issues related to integrated health care systems.

Industry Experience

After working for the Legal Aid Society, Ed entered private practice, where he helped represent a major public hospital corporation in a series of reimbursement disputes with the state and federal governments, and counseled New York area hospitals and nursing homes on reimbursement and operational issues. Thereafter, Ed served as General Counsel of St. Luke’s-Roosevelt Hospital Center, one of the largest teaching hospitals in New York. After leaving St. Luke’s-Roosevelt Hospital Center, Ed joined Proskauer as a Partner in 1990.

Thought Leadership

Ed frequently writes and lectures on Medicare and Medicaid reimbursement, health care integration, not-for-profit law and corporate governance issues, and the application of federal and state anti-kickback and “Stark” laws to health care transactions.

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Photo of Jason S. MaddenJason S. MaddenPartner

Jason Madden is a partner in the Corporate Department and a member of the Health Care Group. His practice focuses on representing health care clients…

Jason Madden is a partner in the Corporate Department and a member of the Health Care Group. His practice focuses on representing health care clients, including hospitals, physician groups, not-for-profit corporations, private equity firms and other financial institutions. Jason provides legal advice on a wide range of  transactional and regulatory matters, including fraud and abuse compliance; HIPAA and data privacy; mergers, acquisitions and financings; and general corporate and business planning.

In addition, Jason actively participates in pro bono matters, representing not-for-profit organizations on a variety of matters, and is an active member of the American Health Lawyers Association (AHLA). Jason has led the Proskauer’s Election Protection Call Center during the last two election cycles.

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Photo of Matthew J. WestbrookMatthew J. WestbrookAssociate

Matt Westbrook is an associate in the Corporate Department and a member of the Health Care Group. His practice focuses on providing regulatory compliance advice…

Matt Westbrook is an associate in the Corporate Department and a member of the Health Care Group. His practice focuses on providing regulatory compliance advice for the Firm’s health care clients, including service providers, health plans, operators, investors, and lenders, among others. Matt specifically provides advice on fraud and abuse matters arising under the Federal False Claims Act (FCA), Civil Monetary Penalties Law, Federal Anti-Kickback Statute (AKS), and Physician Self-Referral Law (Stark Law), as well as on the regulations promulgated by the Drug Enforcement Administration (DEA) and the Department of Health and Human Services, including the Office of Inspector General (OIG), Centers for Medicare & Medicaid Services (CMS), and Food and Drug Administration (FDA).

Before joining the Firm, Matt served as senior counsel in OIG’s Administrative and Civil Remedies Branch. At OIG, Matt was responsible for determining whether to impose administrative sanctions, including civil money penalties and Federal health care program exclusions, against health care providers and suppliers, and whether to impose civil money penalties on hospitals and physicians in connection with matters referred to CMS under the Emergency Medical Treatment and Labor Act (EMTALA). During his tenure, Matt also litigated exclusion appeals before administrative law judges and appellate panels of the Departmental Appeals Board; advised United States Attorney’s Offices on exclusions appealed to Federal district courts; resolved voluntary self-disclosures submitted by providers and grant and contract recipients; and participated in the negotiations and settlements of FCA matters by the Department of Justice involving the AKS, Stark Law, CMS reimbursement issues, and DEA and FDA compliance issues. In connection with certain FCA resolutions, Matt also negotiated and monitored corporate integrity agreements.

On the Florida junior circuit and in college, Matt was a competitive tennis player. Matt played on the varsity team and was captain his senior year at Rhodes College, earning ITA Division III and SCAC All-Academic Honor Roll awards his sophomore, junior, and senior years. Matt is an active member of the American Health Law Association (AHLA) and currently serves as a Vice Chair of AHLA’s Fraud and Abuse Practice Group.

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