Welcome
Frier Levitt is pleased to announce that Todd C. Brower, former Senior Vice President and General Counsel of St. Joseph’s Healthcare System has joined the firm as a partner in the Healthcare Team. With his extensive experience and unique insights, Mr. Brower is set to bolster Frier Levitt’s healthcare practice, representing hospitals and not-for-profit organizations.

Mr. Brower brings his wealth of knowledge to Frier Levitt, offering legal counsel to hospitals, physicians, physician groups, home health care providers and other healthcare organizations. His practice will focus on regulatory and corporate compliance, acquisitions, affiliations, joint venturing, governance, licensing and reimbursement matters.

Read the full press release here.
Recent Insights
The OIG has recently issued an unfavorable Advisory Opinion (23-05), which has significant implications for medical practices using independent contractor relationships.

In this opinion, the OIG scrutinized a proposed arrangement involving Intraoperative Neuromonitoring (IONM) services, which are vital for monitoring a patient's neurological functions during high-risk surgeries.

The OIG found that this arrangement could implicate the Federal anti-kickback statute due to various
forms of remuneration involved.

To learn more about OIG’s latest Advisory Opinion and its implications, read article by Frier Levitt co-founding partner Daniel Frier, here.
Frier Levitt co-founding partner Daniel Frier discusses a critical issue in the healthcare industry: the challenges physicians face when hospitals deny, curtail, suspend, or terminate their medical staff privileges.

The article, originally published in STAT in 2022, reveals the shortcomings of fair hearings in these cases, highlighting the need for reform and transparency within the medical community.

Read the full article, here.
Pharmaceutical company Eli Lilly has initiated legal action against some medical spas, wellness centers, and compounding pharmacies aiming to prevent them from
selling compounded products containing tirzepatide, an
active ingredient in Eli Lilly's medication Mounjaro.

Read article by Frier Levitt attorney 
Newsworthy
NJPURE Announces its Exit from the NJ Medical Malpractice
Insurance Market
According to its website, NJPURE will "nonrenew all policies over a period of time not to exceed three years." Many questions remain over what will happen to physicians currently insured with the company, particularly those with pending or future claims covered by NJPURE. 

According to Brian Kern, a partner in Acadia Professional (and Of Counsel to Frier Levitt), "This is clearly an unsettling time for physicians, especially those without a strong broker relationship. It is essential that doctors secure expert counsel to understand their options and protect their rights."
Webinars & Presentations
Frier Levitt Presents to Midwest Oncology Practice Society at September 2023 Meeting
Frier Levitt attorneys Steven Bennet, Dae Y. Lee, Arielle Miliambro, and Lucas Morgan delivered a virtual presentation, “Legal Updates & Trends for Oncology Practices in 2024,” to the Midwest Oncology Practice Society on Thursday, September 21, 2023.

The presentation covered a range of topics, including DIR Fees, recent developments in Pharmacy Benefit Managers (PBMs) including trends in audit practices, updates on Stark Laws for 2023-2024, as well as legislative and case law updates related to PBMs.
Frier Levitt presents a complimentary webinar series, “Mastering Licensing Board Investigations: Essential Knowledge and Strategies for Healthcare Providers” presented by Frier Levitt attorneys Guillermo Beades and Alan Blankstein. 

This 3-part webinar series is specifically tailored for medical professionals who want to understand the intricacies of Licensing Board investigations and learn how to effectively handle them.

View all 3 webinars, here.
Frier Levitt attorneys are available for educational presentations to your association or business. Contact us to discuss the possibility of having us present to your organization.
Practice Spotlight
What is a Value-Based Enterprise?

A value-based enterprise ("VBE") is designed to align the financial incentives of healthcare providers with the quality and outcomes of the care they deliver (versus traditional fee-for-service models, which tie compensation to volume and incentivize providers to deliver more services, even if they are unnecessary or ineffective). To facilitate the transition to a value-based care system, the Centers for Medicare and Medicaid Services ("CMS") and the Department of Health and Human Services' Office of Inspector General ("OIG") have created a pathway for providers to acclimate to a value-based environment without undertaking a significant degree of financial risk.

A VBE that satisfies the criteria of an applicable Stark Law VBE exception and Federal Anti-Kickback Statute VBE safe harbor allows its participants the flexibility to create compensation models that incentivize participation in value-based care without violating laws against self referral or kickbacks.

Learn more about VBEs and how Frier Levitt can assist your organization with structuring and establishing a compliant and successful VBE.
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Very truly yours,

Co-Founding Partner
Frier Levitt
973.618.1660
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The contents of this newsletter and all related communications do not constitute legal advice or an attorney-client relationship. Publication contents are for general information purposes and are not intended to be a substitute for legal advice. You should seek legal advice or other professional advice in relation to any particular questions that you or your organization may have.