Francis J Serbaroli

May 16, 2022 | New York Law Journal

In his Health Law column, Francis J. Serbaroli discusses additional liabilities that lawyers should be aware of when settling Medicare or Medicaid fraud cases for their clients. He explains some of the additional weapons that the federal and state governments can deploy against clients after a settlement is finalized.

By Francis J. Serbaroli

9 minute read

March 14, 2022 | New York Law Journal

In the second of a two-part Health Law column on recent revocations of property tax exemptions of not-for-profit hospitals, Francis J. Serbaroli reviews New York state's and New York City's assessment criteria for property tax exemptions. He also discusses cases in which not-for-profit health care providers lost part or all of their property tax exemptions.

By Francis J. Serbaroli

11 minute read

January 21, 2022 | New York Law Journal

In his Health Law column, Francis J. Serbaroli discusses a recent court decision that upheld the revocation of the property tax-exemption of three not-for-profit hospitals in Pennsylvania. He warns that this court decision could trigger more reviews of the property tax-exemptions of other not-for-profit hospitals and health care providers, and urges them to review their compliance with the legal requirements for these tax-exemptions.

By Francis J. Serbaroli

10 minute read

July 29, 2021 | New York Law Journal

In the second of a two-part Health Law column, Francis J. Serbaroli reviews the potential challenges faced by entities undergoing Medicare or Medicaid audits or investigations. He advises caution in dealing with those conducting these inquiries, and the need to get counsel involved to contain excessive demands for documents and information, prevent unnecessary expansion of the scope of the audit or investigation, and to protect the rights of the organization and individuals.

By Francis J. Serbaroli

12 minute read

May 17, 2021 | New York Law Journal

In his Health Law column, Francis J. Serbaroli discusses the increasing number of audits and investigations into the many providers and businesses that receive Medicare and Medicaid funds. He explains how audits and investigations can be triggered, the government agencies and contractors that conduct them, and how they can lead all the way up to the executive suite and the governing board.

By Francis J. Serbaroli

10 minute read

January 21, 2021 | New York Law Journal

In his Health Law column, Francis J. Serbaroli takes another look at the troubles faced by insurers, hospitals and other health care providers when they are subjected to audits of their payments of surcharges required under New York's Health Care Reform Act of 1996. He reviews the history of this law, the services covered and how the surcharges are calculated, and the problems that arise when these audits take place, and offers advice on how to deal with issues raised in the course of these audits.

By Francis J. Serbaroli

12 minute read

November 10, 2020 | New York Law Journal

The realization of the full potential of telemedicine has taken longer than many of us anticipated, but the COVID-19 pandemic may finally bring about that realization.

By Francis J. Serbaroli, Skip Short and Ioanna Zevgaras

18 minute read

September 29, 2020 | New York Law Journal

In his Health Law column, Francis J. Serbaroli discusses the requirements for parent corporations of licensed health care facilities such as hospitals, nursing homes, diagnostic and treatment centers, ambulatory surgery centers, renal dialysis facilities, and other providers licensed under Article 28 of New York's Public Health Law. He explains that a parent corporation may be either "active" or "passive", the limits of a "passive" parent's role in relation to the licensed provider, and the need for an "active" parent to be licensed under Article 28.

By Francis J. Serbaroli

7 minute read

May 18, 2020 | New York Law Journal

In his Health Law column, Francis J. Serbaroli observes that the coronavirus pandemic has affected not just the health and welfare of the humans infected, but has taken a severe toll on the financial health of hospitals, nursing homes, and other health care providers caring for these patients. He discusses some important steps that the governing boards and senior executives of health care providers should consider taking when deciding whether to restructure or file for bankruptcy protection.

By Francis J. Serbaroli

8 minute read

March 16, 2020 | New York Law Journal

In his Health Law column, Francis Serbaroli addresses the current coronavirus outbreak, and New York state and New York City's statutory and regulatory quarantining requirements. He advises that elected officials, public health authorities, and their lawyers, should closely follow established laws for dealing with infectious diseases, and that courts should exercise caution in deciding legal challenges to quarantine orders and other disease containment efforts.

By Francis J. Serbaroli

15 minute read