Industry Insights

An Important Step Toward Leveling the Playing Field between Hospitals and Private-Practicing Physicians

The U.S. Women's Health Alliance (USWHA) recently secured a significant victory in its efforts to support private-practicing physicians by advocating for stronger enforcement of the Stark Law. USWHA’s advocacy led to the inclusion of language in the House Appropriations Committee’s Report for the Fiscal Year 2025 Labor, Health and Human Services, Education and Related Agencies’ spending bill, urging the proper application of the Stark Law's key definitions of “fair market value” and “commercially reasonable” when reviewing hospitals’ hiring practices. 

Frier Levitt's Advocacy & Government Affairs Practice Group is proud to have supported USWHA’s efforts. Read more about this significant accomplishment here.

FTC Non-Compete Ban Blocked Nationwide

On August 20th, 2024, Judge Ada Brown of the Northern District of Texas issued a broad order invalidating the Federal Trade Commission’s (“FTC”) final rule, which would have banned non-compete agreements for most employees nationwide.

Daniel Frier, Brandon Zarsky, Christopher Mayer and Antony Kamel shed light on this decision and its implications in a new article. Read here.

Device Company to Pay $12 Million to Settle Anti-Kickback and False Claims Allegations

In May, Innovasis Inc. agreed to a $12 million settlement to resolve allegations of violating the Anti-Kickback Statute and False Claims Act by paying kickbacks to induce physicians to use their medical devices.



Cindy Dang and Arielle Miliambro discuss the settlement and underscore the importance for physicians to be cautious about financial incentives from manufacturers here.

OIG Releases Advisory Opinions Regarding the Provision of Free Fertility Services

Last month, the OIG issued two advisory opinions finding that a manufacturer’s provision of financial support for fertility services to patients using the manufacturers treatment presented more than a minimal risk of fraud, waste and abuse.

Read the article by Arielle Miliambro and Maria Stahl to learn more here.

Healthcare Providers: Are Your Emails and Texts HIPAA Compliant?

With AI and technology advancing in healthcare, securing Protected Health Information (PHI) is more crucial than ever. HIPAA's Privacy and Security Rules mandate safeguards for PHI confidentiality and integrity, but many healthcare organizations remain out of compliance and vulnerable to cyberattacks, as seen with the February 2024 attack on Change Healthcare. 

Effective compliance requires regular risk assessments, staff training, and robust policies, even with texts and emails. Learn more in our latest article by Alex Keoskey and Arielle Miliambro here.

Lawrence Kobak Published in Podiatry Management Magazine “Compliance with Government Investigations”

On-Demand Webinar Series

Exploring Hospital and Physician Dynamics:

A Primer on Medical Staff Adverse Actions

Frier Levitt partners Todd Brower and Alex Keoskey present “Exploring Hospital and Physician Dynamics: A Primer on Medical Staff Adverse Actions,” a 3-part webinar series designed for physicians, in-house counsel, corporate leaders, attorneys, and regulatory investigators that deal with hospital and healthcare systems. This series offers valuable insights into adverse actions in healthcare settings.

Click the images below to view each webinar:

Part 1, “Understanding the Disciplinary Process: Hospital Bylaws, Reporting Adverse Actions, and Legal Considerations.”

Part 2, "Civility and Communication: Managing Disruptive Physicians and Addressing Harassment Complaints"  

Part 3, "Adverse Action Reporting: The Consequences of a Permanent Record" 

Client Triumphs

Frier Levitt Secures Reversal of Medicare Revocation of a Provider’s Medicare Enrollment and Billing Privileges

Frier Levitt Successfully Reduces Multiple Overpayment Demands for Three Different Practices

Newsworthy

Daniel Frier and Conor McCabe Selected to the List of Best Lawyers in America 2025 Edition

Frier Levitt’s Government Investigations, Litigation & White-Collar Defense Group is comprised of seasoned professionals, including a former Assistant United States Attorney, Deputy Attorneys General, and healthcare litigators who have decades of experience defending corporate entities, executives, and healthcare and life sciences professionals for alleged healthcare violations.

Our attorneys bring a wealth of firsthand knowledge of how government agencies conduct investigations and prosecute cases. This litigation-centric experience and skillset, combined with the firm’s extensive regulatory, transactional, and clinical knowledge, work to resolve such cases successfully, often doing so before public charges are filed.

Contact Frier Levitt to speak to an attorney about regulatory concerns, government inquiries, subpoena and CID defense, as well as litigation defense.

Learn more about Frier Levitt's Government Investigations, Litigation & White-Collar Defense here.

Very truly yours,

Daniel B. Frier, Esq.

Co-Founding Partner

Frier Levitt

dbfrier@frierlevitt.com

973.618.1660

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