Francis J Serbaroli

January 17, 2020 | New York Law Journal

In his Health Law column, Francis J. Serbaroli describes New York's obscure prohibition on for-profit medical referral services. Although this law was enacted nearly 50 years ago when the health care market place was very different, he notes that it can still cause problems if attorneys are not aware of it when they structure any kind of health care referral arrangement in New York.

By Francis J. Serbaroli

10 minute read

November 25, 2019 | New York Law Journal

In his Health Law column, Francis J. Serbaroli discusses New York's new SHIELD Act, which imposes new data security and data breach reporting requirements on any entity in possession of private information of New York residents regardless of whether the entity is located in New York. The Act also levies higher penalties for non-compliance with its data security and reporting requirements, but does not provide for a private cause of action.

By Francis J. Serbaroli

10 minute read

September 23, 2019 | New York Law Journal

In his Health Law column, Francis J. Serbaroli discusses sweeping new federal regulations intended to combat fraud on government health benefit programs such as Medicare and Medicaid. The regulations require new disclosures by providers, and enable the federal Centers for Medicare and Medicaid Services to keep problem providers out, remove them more expeditiously, and keep them out for longer periods of time.

By Francis J. Serbaroli

10 minute read

July 22, 2019 | New York Law Journal

In his Health Law column, Francis J. Serbaroli summarizes President Donald Trump's recent Executive Order addressing Medicare payments for kidney disease treatments. This Executive Order, among other things, aims at encouraging significantly more home dialysis as well as the development of wearable or implantable artificial kidneys, and increasing the availability of human kidneys available for transplant. When fully implemented, this Executive Order could result in major improvements in kidney disease treatment outcomes and reduced costs to the Medicare program.

By Francis J. Serbaroli

8 minute read

May 15, 2019 | New York Law Journal

In his Health Law column, Francis J. Serbaroli addresses the current measles outbreak, statutory vaccination and quarantining requirements, and recent court decisions in proceedings challenging actions taken by Rockland County and New York City to contain the outbreak. He advises that elected officials, public health authorities, and their lawyers, should follow established laws for dealing with infectious diseases, and that courts should exercise caution in deciding legal challenges to disease containment efforts.

By Francis J. Serbaroli

25 minute read

March 25, 2019 | New York Law Journal

In his Health Law column, Francis J. Serbaroli explains the Medicare program's new Preclusion List, which identifies health care providers disqualified from providing items or services to Medicare Advantage Plan members or prescription drugs to Medicare Part D beneficiaries. He notes that as of April 1, 2019 no Medicare payments may be made to any providers who are on the Preclusion List, and that Medicare Advantage Plans and Part D drug providers must have notified covered beneficiaries and be ready to begin denying claims.

By Francis J. Serbaroli

9 minute read

January 18, 2019 | New York Law Journal

In his Health Law column, Francis J. Serbaroli discusses a recent federal court decision finding New York's statutory surcharges on opioid manufacturers and distributors unconstitutional under the Dormant Commerce Clause of the U.S. Constitution. The court determined that the surcharge was not a tax but a regulatory penalty, and that the law's prohibition on passing-through the surcharges to pharmacies and end users of opioids improperly discriminated against out-of-state opioid customers and favored in-state users.

By Francis J. Serbaroli

10 minute read

November 26, 2018 | New York Law Journal

In his Health Law column, Francis J. Serbaroli of Greenberg Traurig discusses the recent decision by New York's Court of Appeals voiding certain regulations issued by the Department of Health pursuant to Governor Andrew Cuomo's Executive Order 38. The court determined that the regulations, which limited the amount of compensation that could be paid to executives of health care providers and managed care plans with significant Medicaid revenues, were the province of the Legislature and not the Department of Health.

By Francis J. Serbaroli

9 minute read

September 21, 2018 | New York Law Journal

In his Health Law column, Francis J. Serbaroli of Greenberg Traurig, LLP discusses the laws and regulations governing the control of New York's numerous not-for-profit hospitals and hospital systems. He reports that New York's Public Health and Health Planning Council is considering allowing out-of-state not-for-profit hospital systems to become the co-operator of hospitals in New York.

By Francis J. Serbaroli

10 minute read

July 24, 2018 | New York Law Journal

One of the more interesting developments in the ever-shifting dynamics of the health care marketplace is the increasing interest on the part of private investors in developing financial relationships with or even purchasing equity interests in physician practices.

By Francis J. Serbaroli

2 minute read