Francis J Serbaroli

July 27, 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

May 26, 2015 | New York Law Journal

Francis J. Serbaroli, in his Health Law column, analyzes New York's new "Emergency Medical Services and Surprise Bills" law, which recently went into effect. The law imposes new requirements on insurers, hospitals, physicians and other providers, and patients with respect to emergency medical services, or medical services furnished by out-of-network providers. It also establishes a dispute resolution process for contested medical charges.

By Francis J. Serbaroli

13 minute read

May 22, 2015 | New York Law Journal

Francis J. Serbaroli, in his Health Law column, analyzes New York's new "Emergency Medical Services and Surprise Bills" law, which recently went into effect. The law imposes new requirements on insurers, hospitals, physicians and other providers, and patients with respect to emergency medical services, or medical services furnished by out-of-network providers. It also establishes a dispute resolution process for contested medical charges.

By Francis J. Serbaroli

13 minute read

March 24, 2015 | New York Law Journal

Francis J. Serbaroli in his Health Law column discusses a recent Supreme Court decision upholding a FTC decision against the anti-competitive actions of a state licensing board. The court added a new requirement of "active state supervision" in order for a state board to qualify for state action antitrust immunity.

By Francis J. Serbaroli

11 minute read

March 23, 2015 | New York Law Journal

Francis J. Serbaroli in his Health Law column discusses a recent Supreme Court decision upholding a FTC decision against the anti-competitive actions of a state licensing board. The court added a new requirement of "active state supervision" in order for a state board to qualify for state action antitrust immunity.

By Francis J. Serbaroli

11 minute read

January 27, 2015 | New York Law Journal

In his Health Law column, Francis J. Serbaroli writes that as our payment systems have moved away from the fee-for-service model, which unfortunately offered the wrong incentives to dishonest or poor quality providers, a kind of Catch-22 has developed whereby certain types of incentive payments and business arrangements that would improve the quality of care and provide needed assistance to indigent patients could actually run afoul of the federal fraud and abuse laws.

By Francis J. Serbaroli

10 minute read

January 26, 2015 | New York Law Journal

In his Health Law column, Francis J. Serbaroli writes that as our payment systems have moved away from the fee-for-service model, which unfortunately offered the wrong incentives to dishonest or poor quality providers, a kind of Catch-22 has developed whereby certain types of incentive payments and business arrangements that would improve the quality of care and provide needed assistance to indigent patients could actually run afoul of the federal fraud and abuse laws.

By Francis J. Serbaroli

10 minute read

November 25, 2014 | New York Law Journal

In his Health Law column, Francis J. Serbaroli discusses the Department of Health's recent revisions to New York's Certificate-of-Need regulations. He notes that these revisions should assist hospitals and other licensed facilities in their efforts to consolidate and modernize.

By Francis J. Serbaroli

8 minute read

September 23, 2014 | New York Law Journal

In his Health Law column, Francis J. Serbaroli discusses the Affordable Care Act's requirement that any overpayments from Medicare or Medicaid must be refunded within 60 days of identification. He reports on a recent False Claims Act lawsuit filed by the U.S. Attorney and New York's Attorney General against some prominent New York hospitals that allegedly took two years to refund payments owed to Medicaid, and cautions that anyone who identifies or is otherwise notified of overpayments by Medicare or Medicaid must move quickly to refund the money or face the False Claims Act's draconian penalties.

By Francis J. Serbaroli

9 minute read

July 22, 2014 | New York Law Journal

In his Health Law column, Francis J. Serbaroli summarizes New York's new law permitting the use of medical marijuana. He notes that while this complex, carefully drafted law addresses most of the medical, social, economic and law enforcement aspects of the medical marijuana issue in New York, the roll-out of the new law may be complicated by existing federal laws that criminalize the manufacture, sale and use of marijuana.

By Francis J. Serbaroli

16 minute read