Conor Duffy, Ben Jensen and Michael Lisitano Co-Author Law360 Article on Certificate-of-Need Appeals

Health Law Group lawyers Conor Duffy and Michael Lisitano and Business Litigation Group lawyer Ben Jensen co-authored the article “Conn. Ruling Highlights Keys To Certificate-Of-Need Appeals” published in Law360 on August 22, 2023. Referencing a July 25, 2023 opinion issued by the Connecticut Supreme Court in High Watch Recovery Center Inc. v. Department of Public Health, the “Expert Analysis” article emphasizes the importance of “[u]nderstanding the distinction between mandatory and discretionary public hearings…for parties to CON proceedings to avoid foreclosing potential appellate rights.” The authors indicate that the ruling is “significant in that it rejects a rigid application of the statutes governing CON procedures and instead focuses on the substance of the public hearing at issue in assessing whether a matter qualifies as a contested case.” Conor, Ben and Michael provide background on the case, examine the decision and offer some key takeaways. This is the second “Expert Analysis” article on the topic of certificate-of-need (CON) that Conor and Michael have recently had published. They also co-authored “Conn. Certificate-Of-Need Law Will Bring Greater Efficiency,” with Health Law Group lawyer Erin Howard in July. Read the article.

78 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2024

78 Robinson+Cole lawyers were selected by their peers for inclusion in The Best Lawyers in America© 2024. Of the 78 lawyers from across the firm’s practice groups and offices named to the list, 57 are from Connecticut. The firm continues to have the highest number of recognized lawyers in the state. Robinson+Cole also has the highest number of listed lawyers in Connecticut in the areas of environmental law and insurance law. Approximately, the top 5 percent of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 30th edition of The Best Lawyers in America®.

Additionally, five lawyers were named Best Lawyers® 2024 “Lawyer of the Year” in the following offices, in the noted practice areas:

Hartford, CT – Best Lawyers® 2024 “Lawyer of the Year”

Jacqueline Pennino Scheib – Trademark Law

Michael R. Enright – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law

Theodore J. Tucci – Insurance Law

Boston, MA – Best Lawyers® 2024 “Lawyer of the Year”

Michael S. Giaimo – Land Use and Zoning Law

Stamford, CT – Best Lawyers® 2024 “Lawyer of the Year”

Patricia D. Weitzman – Health Care Law and Litigation-Health Care

A Best Lawyers “Lawyer of the Year” designation is awarded to one lawyer in each of various high-profile specialties in large legal communities. These particular lawyers received the highest ratings among their peers for their abilities, professionalism, and integrity.

The fourth edition of Best Lawyers: Ones to Watch® in America was also released, which includes 23 Robinson+Cole lawyers. The “Ones to Watch” recognition is given to attorneys early in their careers for their outstanding professional excellence in private practice in the United States. The firm has the highest number of lawyers to receive this designation in Hartford, Connecticut. Read more in the press release.

Conor Duffy and Seth Orkand Co-Author Medical Economics Article on SCOTUS Decision

Health Law Group member Conor O. Duffy and Government Enforcement and White-Collar Defense Team co-chair Seth B. Orkand co-authored the article, “Your belief matters: U.S. Supreme Court decision affirms subjective knowledge standard for False Claims Act determinations,” published in Medical Economics on July 19, 2023. The authors encourage primary care physicians and other clinicians to review their False Claims Act (FCA) compliance policies in the wake of the U.S. Supreme Court’s June decision, which concluded that a party’s subjective belief as to whether an FCA violation occurred is an important factor in determining liability. In what was the highest-profile FCA case in many years, the U.S. Supreme Court issued a unanimous opinion rejecting a pair of decisions that had adopted an “objective” standard for assessing potential FCA malfeasance in the context of pharmacy drug discount programs. Establishing a new precedent, this opinion could have a far-reaching impact affecting cases involving primary care physicians, hospitals, health care systems, and other providers who bill federal health care programs. The authors remind clinicians and health care organizations that their own beliefs about the propriety of billing practices or particular claims could later be relied upon as evidence of knowledge or intent. Read the article.

Conor Duffy, Michael Lisitano and Erin Howard Co-Author Law360 Expert Analysis Article on Changes to Connecticut Certificate of Need Laws

Health Law Group lawyers Conor O. Duffy, Michael G. Lisitano and Erin C. Howard co-authored the “Expert Analysis” article, “Conn. Certificate-Of-Need Law Will Bring Greater Efficiency,” published in Law360 on July 6, 2023. The article summarizes legislation signed by Connecticut Governor Ned Lamont on June 27, 2023, Public Act 23-171, “An Act Protecting Patients and Prohibiting Unnecessary Health Care Costs” (“the Act”). The Act, a result of collaboration between the Governor, Legislature, Connecticut Hospital Association and other stakeholders, reflects state efforts to streamline the potentially lengthy Certificate-of- Need (CON) process, and impose more exacting deadlines on the Office of Health Strategy (OHS) in certain circumstances, while also expanding OHS’s ability to investigate and penalize noncompliance with CON laws and CON agreed settlements, and to address complicated health care issues raised in CONs. 

Among numerous updates, the Act implements changes to public notice requirements, imposes new process deadlines on OHS, newly allows OHS to utilize expert consultations when considering certain applications, expands OHS authority to investigate and imposes penalties for non-compliance with CON requirements, and clarifies certain longstanding CON applicability requirements. Read the article.

Lisa Thompson Reappointed to American Health Law Association Dispute Resolution Service Council

Health Law Group lawyer Melissa (Lisa) Thompson has been re-appointed by the American Health Law Association (AHLA) to serve a two-year term as a member of the AHLA Dispute Resolution Service Council effective July 1, 2023. The Council, established in 1992, advises and assists the AHLA in developing and promoting dispute resolution services and educational programs that benefit members and non-members alike. The AHLA, the nation’s largest, nonpartisan, nonprofit educational organization devoted to legal issues in the health care field, maintains a panel of skilled neutrals for arbitration, mediation and peer review. In addition to serving on the Council, Lisa also participates as an arbitrator and mediator on AHLA’s national roster. The mission of AHLA is to provide a forum for interaction and information exchange to enable its members to serve their clients more effectively; to produce the highest quality non-partisan educational programs, products, and services concerning health law issues; and to serve as a public resource on selected health care legal issues.

Les Levinson Shares 2023 M&A Outlook for Home-Based Care Deals in Home Health Care News

Robinson+Cole Transactional Health Care Group Co-Chair Leslie J. Levinson was quoted in the article, ”‘Pipeline Has Been As Full As Ever’: Amedisys, AccentCare Share M&A Outlooks,” published in Home Health Care News on February 13, 2023.According to the Article, “In 2022, 99 home-based care deals and 38 hospice deals took place.” With numerous players all eyeing home-based care sellers, M&A activity in this space looks strong again for 2023. “We think the growth pattern is going to continue, and certainly in the mid- to upper-mid market,” Les said during a panel discussion at the Homecare 100 Executive Leadership conference in January. Read the full article.

Conor Duffy Named to First Choice Health Centers’ Board of Directors

Health Law Group member, Conor O. Duffy, has been named to the Board of Directors of First Choice Health Centers, Inc., based in East Hartford, CT. As a community health center providing integrated care, the mission of First Choice is “to break down the social and economic barriers to wellness and healthy living.”  

Robinson+Cole Health Law Group Among ABA Health Law Section 2021-2022 Top 10 Law Firms

Robinson+Cole’s Health Law Group received a seventh place ranking in the Northeast region among the 2021-2022 Top 10 Law Firms as recognized by the American Bar Association (ABA) Health Law Section. The Tenth Annual Regional Law Firm Recognition List highlights those firms “answering the call to professionalism and addressing the complex issues of their clients through their attorney involvement in the Health Law Section.” The top ten health care law firms are listed by geographic region based on Section lawyer membership as of August 31, 2022. More information on the Section's web page.

Conor Duffy and Ben Daniels Author Article on Second Circuit Interpretation of the Anti-Kickback Statute for Physicians Practice

Health Law Group member Conor O. Duffy and Business Litigation Group member Benjamin M. Daniels authored the article “Second Circuit affirms HHS rejection of direct copayment assistance under anti-kickback statute,” published in Physicians Practice on September 16, 2022. The article examines the recent decision by the U.S. Court of Appeals for the Second Circuit that rejected an appeal brought by Pfizer, Inc., regarding possible violation of the Anti-Kickback Statute (AKS). The decision addressed a proposed direct copayment assistance program where reimbursements would go directly to the patient looking to buy Pfizer’s own drugs. The Second Circuit upheld the Department of Health and Human Services’ (HHS) interpretation of the AKS as prohibiting the arrangement, which reiterates for health care organizations the importance of adhering to HHS guidance concerning federal fraud and abuse laws. The decision also emphasizes the government’s continued concerns with patient copayment assistance programs associated with pharmaceutical manufacturers that can directly influence purchases of the manufacturers’ drugs. This decision represents an important affirmation of HHS’ interpretive authority over the scope of the AKS and implicitly reinforces recent HHS guidance. Read the article.

Natale DiNatale to Lead Massachusetts Bar Association Health Law Section Council

Labor Relations Group chair Natale V. DiNatale has been appointed by the Massachusetts Bar Association (MBA) to serve as Chair of its Health Law Section Council for the 2022-2023 association year. Natale has previously served on the Council, most recently in the role of Vice Chair for 2021-2022 and 2020-2021, and is a speaker for the MBA. The Health Law Section provides a discussion platform to improve the professional competence of attorneys dealing with health care issues through seminars and publications; strives to bring together all members interested in the practice and delivery of health care.

Melissa (Lisa) Thompson Recognized by Massachusetts Lawyers Weekly as a “Go To” Life Science/Health Care Lawyer

Health Law Group lawyer Melissa (Lisa) Thompson was recognized as a “Massachusetts Go To Lawyer” in the area of Life Science/Health Care by Massachusetts Lawyers Weekly (MLW) and was profiled in a special section published in the May 30, 2022 edition. The “Massachusetts Go To Lawyers” feature was debuted by MLW in 2020 to showcase leaders in the Massachusetts legal community by practice area. A “Go To Lawyer” is: an expert in his or her field; a senior attorney well-versed in case law, statutes and regulations; experienced, with a record of success in cases and/or transactions; a lawyer to whom other lawyers make referrals because of his or her expertise and accomplishments and a lawyer who can think creatively and identify all options for a client. View the special section.

Robinson+Cole Health Law Group Among ABA Health Law Section 2020-2021 Top 10 Law Firms

Robinson+Cole’s Health Law Group received a ninth place ranking in the Northeast region among the 2020-2021 Top 10 Law Firms as recognized by the American Bar Association (ABA) Health Law Section. The Ninth Annual Regional Law Firm Recognition List highlights those firms “answering the call to professionalism and addressing the complex issues of their clients through their attorney involvement in the Health Law Section.” The top ten health care law firms are listed by geographic region based on Section lawyer membership as of August 31, 2021. More information on the Section's web page.

Robinson+Cole Continues Growth in Boston with the Addition of Partners in Health Care and Insurance

Robinson+Cole announces the addition of Kathleen G. Healy in its Health Law Group and Health Care Industry Team, and Matthew M. Burke in the firm’s Insurance + Reinsurance Group. Healy joins from Verrill Dana LLP and Burke joins from Robins Kaplan LLP. Both are partners resident in Robinson+Cole’s Boston office.

“We are excited to welcome Kate and Matt to Robinson+Cole,” said Rhonda J. Tobin, Robinson+Cole’s Managing Partner. “They are talented and successful lawyers who bring significant experience, expertise and depth to some of our most strategic practices. They are natural fits for our strong health care and insurance teams. Adding Kate and Matt furthers our strategic plan by continuing our growth in large commercial centers and in some of our most high-profile practices.” Read more in the press release and in articles published in the Boston Business Journal and Law360.

Les Levinson Quoted in STAT Article on UnitedHealth Group’s Proposed Buyout of LHC Group

Transactional Health Care Group Co-chair Leslie J. Levinson was quoted in the article “UnitedHealth’s deal with LHC highlights broader interest in home health industry,” published in STAT on March 29, 2022. The article focuses on UnitedHealth Group’s proposed buyout of home health and hospice provider LHC Group. The deal highlights the continuing interest in the home health industry as an attractive buyout sector by insurers and private equity firms as the over 65 population continues to grow and prefers to receive care in their homes. “That’s clearly been a theme for a long time: Getting people out of higher-cost settings and into the home where they’re more comfortable and costs are lower, said Les Levinson. I don’t think any of that has changed.” Read the article.

Robinson+Cole Lawyers Recognized by Super Lawyers®

A total of 42 Robinson+Cole attorneys were named to Super Lawyers® lists in the States of Connecticut, Delaware, Massachusetts, New York, Pennsylvania, and Rhode Island for 2021. In addition, 29 attorneys at the firm were recognized as “Rising Stars.”

Bruce B. Barth and Jeffrey J. White were named to the Top 50: 2021 Connecticut Super Lawyers list. Linda L. Morkan appears on the Top 25: 2021 Women Connecticut Super Lawyers list and, similarly, Natalie D. Ramsey was included in the Top 50: 2021 Women Pennsylvania Super Lawyers list. Read more in the press release.

61 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2021

61 Robinson+Cole lawyers were selected by their peers for inclusion in The Best Lawyers in America© 2021. Of the 61 lawyers from across the firm’s practice groups and offices named to the list, 46 are from Connecticut. The firm continues to have the highest number of recognized lawyers in the state. Robinson+Cole also has the highest number of listed lawyers in Connecticut in the areas of environmental law and insurance law.

Additionally, the following six lawyers were named the Best Lawyers® 2021 “Lawyer of the Year” in Hartford, Connecticut, in the noted practice areas: Michael R. Enright in Litigation – Bankruptcy, Gregory R. Faulkner in Litigation – Construction, Virginia E. McGarrity in Employee Benefits (ERISA) Law, Joey Lee Miranda in Environmental Law, James P. Ray in Litigation – Environmental and Theodore J. Tucci in Health Care Law. Michael S. Giaimo was also named a Best Lawyers® 2021 “Lawyer of the Year” in Boston, Massachusetts, in the area of Land Use and Zoning Law.

The inaugural edition of Best Lawyers: Ones to Watch was also released, of which 17 total Robinson+Cole lawyers are listed in. The “Ones to Watch” recognition is given to attorneys who are earlier in their careers for their outstanding professional excellence in private practice in the United States. Read more in the press release.

Lisa Thompson Presents on "The Complexities of International & Domestic Life Sciences Disputes," American Arbitration Association (May 1, 2019)

Lisa Thompson participated in a panel presentation titled “The Complexities of International & Domestic Life Sciences Disputes,” sponsored by the American Arbitration Association (AAA), on May 1, 2019 in Philadelphia, PA. The presentation was part of a half-day conference focused on topics related to the arbitration of pharmaceutical, biotech, and medical device disputes, which was organized by the AAA and its global division, the International Centre for Dispute Resolution .  

Les Levinson Quoted in Part B News Articles on 2018 and 2019 Health Care Predictions

Transactional Health Law Group co-chair Leslie J. Levinson was quoted in two Part B News articles published on January 7, 2019. The first article, "2019 Predictions: E/M doc changes, ’remote’ consult services will grow slowly in 2019,” saw Les forecast that 2019 will be a robust year for health care mergers and acquisitions. “Multiples have been healthy and all indications are that (these) phenomena will continue well into 2019,” he said. Les predicts that one area of growth to watch is behavioral health, with increasing government payment for services being a spur to investment. “The market here continues to move from what used to be more of a private-pay orientation to interest in government-funded behavioral health programs.” 

Les was also quoted in the article “2018 Predictions: Some came true, some did not, some a mixed bag," which looked back on the actual outcomes of a number of predictions for 2018. Commenting on last year’s prediction that mergers and acquisitions among medical practices would be strong in 2018, Les confirmed that outlook. “2018 has been extremely active across virtually all sectors of the health care M&A space,” he said. “The physician practice area, with dermatology and opthalmology leading the way, hospice and homecare, health care IT and other data and revenue management businesses have been very active areas, with interest from both private equity and strategic-type buyers.”
 

Christine Bromberg and Les Levinson Named to Law360 Editorial Advisory Boards

Tax Group lawyer Christine E. Bromberg and Health Law Group lawyer Leslie J. Levinson have been selected to serve on Law360 Editorial Advisory Boards for 2019. Ms. Bromberg has been re-named to Law360’s Tax Editorial Advisory Board. She has served on the board since 2016. Mr. Levinson has been re-named to Law360’s Health Editorial Advisory Board. He has served on the board since 2015. The purpose of these editorial advisory boards is to get feedback on Law360's coverage and to gain insight from experts in the field on how best to shape future coverage.

R+C Attorneys Present an Update on Managed Care Litigation

Health and Benefits Litigation lawyers Ted Tucci and Jean Tomasco presented a webinar on April 19, 2017 entitled, “Managed Care Litigation Update 2017” for a firm client in the specialty risk insurance industry. The webinar began with an overview by Ms. Tomasco of recent claims regarding data breaches, HIPAA, and wage and hour class actions in the health care industry.  After a brief discussion on the status of health care reform under the new administration, Mr. Tucci spoke about several cases against insurers and pharmacy benefit managers regarding pricing issues and hidden fees in the administration of health plans. He also discussed litigation involving overpayment, reimbursement, and subrogation claims. Ms. Tomasco provided an overview of benefit claim litigation and an update on False Claims Act litigation. Professionals from across the healthcare industry, including hospitals, long-term care facilities, and managed care organizations, participated in the webinar.

Robinson+Cole Bolsters Health Law Practice with Two New Lawyers

Robinson+Cole’s Health Law Group welcomes Melissa (Lisa) Thompson as a partner in the firm’s Boston and Providence offices and Erica S. Youngerman as an associate in the firm’s New York office. Ms. Thompson will be working closely with Lisa M. Boyle, chair of the firm’s Health Law Group, and fellow partners Leslie J. Levinson and Brian R. Nichols in continuing to expand the firm’s health care practice in Massachusetts and Rhode Island.

Read more in the full release.