Francis J Serbaroli

February 02, 2011 | New York Law Journal

In his Health Law column, Francis J. Serbaroli, a shareholder in Greenberg Traurig, discusses the federal government's recent efforts to hold corporate executives and in-house lawyers criminally responsible for corporate wrongdoing regardless of their involvement in or even knowledge of the wrongdoing. He reviews a case where the government not only successfully prosecuted the general counsel and two other executives of a drug company, but then took the further step of excluding them from Medicare and Medicaid for 12 years, thereby rendering them largely unemployable in the health care industry.

By Francis J. Serbaroli

12 minute read

March 22, 2002 | New York Law Journal

F or decades , the adjudication of medical malpractice cases has mostly been the province of state courts that apply state laws and measure the appropriateness of care and treatment according to generally accepted standards of medical practice in their communities. Similarly, the disciplining of medical professionals for substandard performance has been left to state licensing authorities. In recent years, tort lawyers have repeatedly sought to introduce medical malpractice cases into the federal courts thr

By Francis J. Serbaroli

12 minute read

March 23, 2010 | New York Law Journal

Francis J. Serbaroli, a shareholder in Greenberg Traurig, reviews two recent federal court decisions where the IRS successfully held board members and executives of non-profit hospitals personally liable for misuse of withholding taxes that should have been remitted to the government.

By Francis J. Serbaroli

12 minute read

March 31, 2009 | New York Law Journal

Francis J. Serbaroli, a shareholder in Greenberg Traurig, writes: It is important for every provider to understand that there is no such thing as an "informal" audit or a "routine" investigation. Any requests from or visits by auditors or investigators from any of the agencies or contractors mentioned earlier must be taken very seriously. They have the right to review documents and obtain information relevant to their inquiries, but the provider also has certain rights, and can and should take steps to protect itself.

By Francis J. Serbaroli

10 minute read

September 29, 2005 | New York Law Journal

Francis J. Serbaroli, a partner at Cadwalader, Wickersham & Taft, reviews the recent class action suits and settlements between physicians and some of the nation's biggest health care plans, and advises unaffected insurers on how they can use parts of these settlements as models to avoid litigation.

By Francis J. Serbaroli

9 minute read

November 29, 2010 | New York Law Journal

In his Health Law column, Francis J. Serbaroli, a shareholder in Greenberg Traurig, reviews the new federal requirement that all states contract with Recovery Audit Contractors (RACs) to recover Medicaid overpayments. These RACs are essentially private bounty-hunters that will be paid a contingency fee based upon how much they recover. He cautions that this new assault on Medicaid fraud points up the need for effective internal compliance programs.

By Francis J. Serbaroli

8 minute read

January 28, 2002 | New York Law Journal

S ome notable developments in recent months may have opened a window of opportunity for health care providers with fraud and abuse problems. Previous columns have described the federal government`s ongoing war on massive fraud in the health care industry. During the past 10 years, that war has resulted in billions of dollars in recoveries by the government from virtually every segment of the industry, including hospitals, nursing homes, clinical laboratories, drug companies and home health care providers.

By Francis J. Serbaroli

9 minute read

September 18, 2006 | New Jersey Law Journal

Tracking problem physicians poses a continuing challenge, and no foolproof system has yet been developed.

By Francis J. Serbaroli

10 minute read

May 31, 2007 | New York Law Journal

Francis J. Serbaroli, a partner at Cadwalader, Wickersham & Taft, reviews the availability and advisability of self-disclosure to federal government agencies when a provider has violated Medicare rules, stressing that before choosing to make a voluntary disclosure, the potential benefits must be weighed against the significant risks involved. Voluntary disclosure offers no guarantees.

By Francis J. Serbaroli

13 minute read

May 29, 2009 | New York Law Journal

Francis J. Serbaroli, a shareholder in Greenberg Traurig, discusses some of the steps a health care provider should take to protect itself during an audit or investigation of Medicare and Medicaid payments. An inquiry by a government agency may be regarding an erroneous bill sent out over a single medical procedure that was inadvertently coded the wrong way, or it could be the first step in uncovering a pattern of improper billing, inaccurate cost reports, or illegal activities, so the provider should take any requests seriously. There is no such thing as an "informal" audit or a "routine" investigation.

By Francis J. Serbaroli

12 minute read