Francis J Serbaroli

September 26, 2016 | New York Law Journal

In his Health law column, Francis J. Serbaroli discusses the duties of care, loyalty and obedience that members of the governing boards of not-for-profit organizations are obligated to follow. He also analyzes laws and regulations that address potential or actual conflicts of interests involving governing board members and their organizations.

By Francis J. Serbaroli

17 minute read

July 26, 2016 | New York Law Journal

In his Health Law column, Francis J. Serbaroli of Greenberg Traurig discusses the growing epidemic of addiction to the prescription pain medications known as “opioids.” He summarizes legislation recently enacted in New York that is the latest attempt to curtail opioid abuse. The law places new requirements on hospitals, physicians and other licensed prescribers, substance abuse treatment providers, pharmacies, health insurers, and managed care plans.

By Francis J. Serbaroli

17 minute read

May 24, 2016 | New York Law Journal

In his Health Law column, Francis J. Serbaroli discusses a recent decision by a federal court refusing to enjoin a hospital merger challenged by the Federal Trade Commission. The decision is important because the court considered more factors, such as the effect of health care reforms, than is usual in antitrust analysis of hospital mergers.

By Francis J. Serbaroli

12 minute read

March 22, 2016 | New York Law Journal

In his Health Law column, Francis J. Serbaroli discusses New York's requirement that doctors, nurses and other providers of care to patients in hospitals and other health care organizations be vaccinated against the flu or wear a face mask when around patients. He analyzes two court decisions that have rejected legal challenges to the face mask requirement.

By Francis J. Serbaroli

23 minute read

January 27, 2016 | New York Law Journal

In his Health Law column, Francis J. Serbaroli analyzes a recent decision from New York's Court of Appeals that could expose hospitals, physicians and other providers to significantly more malpractice liability. In 'Davis v. South Nassau Communities Hospital', the Court broke with its own precedents to find that a hospital's and physician's duty of care extends not just to their patients, but also to third parties who may subsequently be injured by those patients.

By Francis J. Serbaroli

11 minute read

November 25, 2015 | New York Law Journal

In his Health Law column, Francis J. Serbaroli reviews the status of court challenges to the Cuomo administration's regulations restricting executive compensation and administrative service expenses at health care providers and social service agencies that receive state funding. He reports that three courts have reached different conclusions regarding whether the regulations usurp legislative authority, and that the matter may ultimately have to be resolved by the Court of Appeals.

By Francis J. Serbaroli

13 minute read

November 24, 2015 | New York Law Journal

In his Health Law column, Francis J. Serbaroli reviews the status of court challenges to the Cuomo administration's regulations restricting executive compensation and administrative service expenses at health care providers and social service agencies that receive state funding. He reports that three courts have reached different conclusions regarding whether the regulations usurp legislative authority, and that the matter may ultimately have to be resolved by the Court of Appeals.

By Francis J. Serbaroli

13 minute read

September 22, 2015 | New York Law Journal

In his Health Law column, Francis J. Serbaroli analyzes a recent federal court decision involving the Affordable Care Act's requirement that health care providers identify and return overpayments of Medicare and Medicaid funds within 60 days or face penalties under the False Claims Act. The court's narrow interpretation of the 60-day requirement places renewed emphasis on the importance of prompt identification and refunding of any Medicare or Medicaid overpayments, whether or not they are the provider's fault.

By Francis J. Serbaroli

9 minute read

September 21, 2015 | New York Law Journal

In his Health Law column, Francis J. Serbaroli analyzes a recent federal court decision involving the Affordable Care Act's requirement that health care providers identify and return overpayments of Medicare and Medicaid funds within 60 days or face penalties under the False Claims Act. The court's narrow interpretation of the 60-day requirement places renewed emphasis on the importance of prompt identification and refunding of any Medicare or Medicaid overpayments, whether or not they are the provider's fault.

By Francis J. Serbaroli

9 minute read

July 28, 2015 | New York Law Journal

In his Health Law column, Francis J. Serbaroli discusses a recent New Jersey Tax Court decision that upheld the revocation of not-for-profit Morristown Memorial Hospital's property tax exemption. The court found that most of the hospital's campus was being used for generating revenues for for-profit physicians, and didn't qualify for continued exemption. The decision should be cause for concern among not-for-profit hospitals in New Jersey and elsewhere.

By Francis J. Serbaroli

10 minute read