Health Care Compliance / Fraud and Abuse

The Robinson+Cole Health Law Group has extensive experience with all facets of health care compliance and fraud and abuse issues. We have provided compliance counsel and assistance and representation for publicly traded, privately held, nonprofit, for-profit, and other health care provider entities, including hospitals, physician hospital organizations, physician groups and individual practices, home health care and nursing home providers, dialysis suppliers, and others involved in health care delivery. Robinson+Cole lawyers have extensive experience assisting health care providers with the full spectrum of health care compliance, audits, self-reporting, and fraud and abuse analysis and defense issues. We have assisted a broad range of clients with the development and ongoing operation and review of compliance programs, compliance initiatives, and other responses to the rapidly changing health care regulatory landscape. Such assistance ranges from providing advice and counsel on health care compliance on specific issues to determine whether an appropriate compliance response or corrective action may be necessary to responding to fraud and abuse investigations.

Robinson+Cole assists clients in establishing and evaluating compliance programs with particular focus on federal and state fraud and abuse false claims acts, the Stark law, and other compliance-related matters. Such counseling includes internal counseling and review in a preemptive manner, as well as responding to investigations and other enforcement initiatives. Robinson+Cole has assisted clients to assess appropriate structures for compliance programs, including development of written policies and procedures, development of compliance training programs and initiatives, and periodic review and redesign of monitoring and reporting systems.

Given the broad depth of experience of our health care lawyers, we have assisted clients with reviewing and developing of a number of voluntary self-disclosure matters as well as responding to investigative subpoenae and other enforcement actions. While focused on prevention before issues arise, Robinson+Cole is also well positioned to respond to government investigations and audits that are becoming increasingly prevalent in the highly regulated health care marketplace.

In addition, Robinson+Cole counsels clients in transactions to ensure compliance with federal, state, antikickback, and physician self-referral laws. Such experience and background allows us to counsel clients on structuring compliant arrangements at the start of negotiations and as transactions proceed.

    • Experience
      • Regular representation of hospitals, integrated delivery systems, nursing homes, continuing care retirement communities, physician groups, outpatient clinics and other health care providers as outside general counsel. Regularly advise these clients in matters of corporate governance, contracts, regulatory compliance, corporate compliance, risk management, policies, fundraising and tax exemption, employment, labor and litigation. Work closely with senior management and/or general counsel in transactional and day-to-day risk management and operational issues.
      • Representation of tissue bank in connection with negotiations and drafting of distribution, supply, licensing, representation and other agreements; acquisition of substantially all of the assets of another tissue bank; creation of domestic and international joint venture; subsidiary arrangements for the provision of certain tissue products and services; and certain regulatory matters.
      • Regular representation of hospitals in connection with physician recruitment and retention matters, including advice regarding Stark exceptions, Anti-kickback safe harbors and tax exemption restrictions and drafting of income guarantees, loan forgiveness arrangements and employment agreements.
      • Representation of hospital in connection with formation of professional corporation for employment of physicians in private practice model.
      • Regular representation of hospitals and physician groups in connection with physician and mid-level provider employment agreements, including advice regarding Stark and Anti-kickback statute compliance, incentive compensation and gainsharing issues.
      • Regular advice to and representation of clients in proceedings before the Connecticut Department of Social Services regarding financial audits, administrative sanctions and Title XIX appeals.
      • Representation of one of Connecticut’s largest providers of home health services in connection with a multi-agency federal and state investigation into the company’s billing practices. Worked closely with the client to conduct an internal investigation of the agency’s billing processes to identify potential areas of exposure and to develop a comprehensive corporate compliance program. Successfully persuaded the United States Attorney’s Office not to pursue charges and to issue a formal declination letter.
      • Representation of a hospital network and behavioral health center in an investigation of billing practices brought by the Federal Bureau of Investigation and the Office of the Inspector General.
      • Representation of a Connecticut hospital in connection with quality of care investigation by the Connecticut Department of Public Health. Prepared and defended witnesses in interviews with state investigators, coordinated all aspects of compliance with document demands, and appeared in related individual licensure hearings on behalf of the facility.
      • Regular representation of hospitals, outpatient clinics, nursing homes and physician groups in connection with service contracts, including without limitation, contracts with providers of durable medical equipment, pharmacy, clinical laboratory, infusion services and staffing services.
      • Representation of an emergency medical service corporation and principals in criminal investigation involving potential Medicare fraud. Avoided prosecution and termination of Medicare participation status through negotiated resolution of civil monetary penalties.
      • Regular representation of institutional health care providers in connection with financial audits and quality of care investigations relating to the Medicaid and Medicare programs conducted by the Connecticut Department of Social Services and the Connecticut Department of Public Health.
      • Regular representation of not-for-profit health care providers in connection with corporate reorganizations, governance issues and revisions to corporate governance documents.
      • Representation of home care agency in connection with acquisition of the assets of another home health care agency.
      • Representation of hospital in the development of a managed residential community and the licensing of an assisted living services agency, including without limitation, development of the assisted living services agreement, development and negotiation of a management agreement and development of policies.
      • Representation of joint venture between tax exempt hospital and physicians in connection with development and operation of ambulatory surgery center, including drafting Operating Agreement, drafting private placement memorandum and subscription agreements, fraud and abuse analysis, and drafting and negotiating land option agreement and lease, management agreement and anesthesiology service agreement.
      • Representation of physician group in the formation of a joint venture with a hospital for outpatient radiology services, including drafting and negotiation of an Operating Agreement, management agreement, billing services agreement, imaging services agreement and lease agreement.
      • Regular representation of hospitals in connection with exclusive professional service agreements for radiology, anesthesiology, pathology and radiation oncology.
      • Regular representation of hospitals, community providers and physician groups in connection with corporate compliance plans.
      • Regular advice to hospitals regarding issues involving EMTALA, including compliance and EMTALA’s physician on call requirements.
      • Representation of a nursing home in connection with a complete revision of its Medical Staff Bylaws and Rules and Regulations, including revisions to ensure compliance with applicable statutes, regulations and accreditation standards of agencies such as Joint Commission on Accreditation of Health Care Organizations, Centers for Medicare and Medicaid Services and the Connecticut Department of Public Health.
      • Representation of a continuing care retirement community in connection with restructuring and revising their continuing care contracts.
      • Representation of physician hospital organization in connection with purchase of electronic medical record hardware and software, including fraud and abuse and tax exemption advice regarding donation of electronic medical record software and services by a hospital to physicians, structuring the transactions between the physician hospital organizations and the physician users and hospital donor and drafting and negotiating all contracts with the electronic medical record vendor and the physician users.
      • Representation of hospital in connection with acquisition of middleware software for electronic health records, including fraud and abuse and tax exemption advice in connection with the donation of such software to physicians.
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    • News
      • September 21, 2022

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

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          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.

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      • June 12, 2017

        Pam Del Negro Writes Article for Compliance Today

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          Pam Del Negro Writes Article for Compliance Today

          Health Law Group lawyer Pamela H. Del Negro authored the article "DOJ Guidance: Focus on Integrating Compliance and Business Operations," which appeared in the June 2017 issue of Compliance Today, a publication of the Health Care Compliance Association (HCCA). The article discusses how the U.S. Department of Justice's recently released guidance for evaluating compliance programs may be used to help board members and management understand compliance-related topics. The HCCA, a member-based association for compliance professionals in the health care provider field, includes compliance officers and staff from hospitals, research facilities, clinics, and technology service providers. Ms. Del Negro is Certified in Healthcare Compliance (CHC) by the Compliance Certification Board. 

      • December 11, 2013

        Robinson & Cole Elects Four New Partners and Promotes Six Counsel

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          Robinson & Cole Elects Four New Partners and Promotes Six Counsel

          Robinson & Cole is pleased to announce the election of four new partners and the promotion of six new counsel. The new partners are Matthew J. Lawlor, Brian D. Nichols, John E. O'Brien, Jr., and Todd R. Regan. The new counsel are Adam Anderson, Stephen O. Clancy, Dana M. Horton, Leigh K. Hughes, Benjamin C. Jensen, and Timothy C. Twardowski. The promotions are effective January 1, 2014.

          "I am thrilled to congratulate our new partners and counsel," said John B. Lynch, Jr., managing partner. "These accomplished lawyers, from varied practice areas in our major markets, all have demonstrated a deep knowledge of their respective legal fields and a strong commitment to delivering exceptional service and value to our clients. Their promotions position the firm to strengthen our client relationships even further and continue to enhance the depth of our practices."
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      • November 1, 2013

        Robinson & Cole Receives 34 First-Tier Metropolitan Rankings and Three National Rankings in U.S. News – Best Lawyers Survey

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          Robinson & Cole Receives 34 First-Tier Metropolitan Rankings and Three National Rankings in U.S. News – Best Lawyers Survey

          Robinson & Cole received 34 first-tier metropolitan rankings in the 2014 "Best Law Firms" list from U.S. News & World Report. The firm also received three national rankings, including Tier 2 rankings for Information Technology Law and Land Use & Zoning Law and a Tier 3 ranking for Real Estate Law.

          The rankings are presented in tiers, either on the national or metropolitan lists, by practice area. The 2014 national rankings cover 74 practice areas while the metropolitan rankings cover as many as 120 practice areas. Both rankings are based on surveys in which major clients and lawyers were asked to rate the law firms they consider best in their practice areas.
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      • October 21, 2013

        Super Lawyers® Names 61 Robinson & Cole Attorneys to 2013 List

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          Super Lawyers® Names 61 Robinson & Cole Attorneys to 2013 List

          A total of 61 Robinson & Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, New York, and Florida for 2013. The Super Lawyers® designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas.

          In addition, 19 attorneys at the firm were recognized as "Rising Stars." Read an explanation of the Super Lawyers methodology here.

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      • September 3, 2013

        Hartford Office Lawyers Elected to Executive Committee of CBA's Young Lawyers Section

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          Hartford Office Lawyers Elected to Executive Committee of CBA's Young Lawyers Section

          Health law lawyer Meaghan Mary Cooper, business litigation lawyer Amanda E. Gordon, and land use lawyer Evan J. Seeman were elected to the Connecticut Bar Association's (CBA) Executive Committee of the Young Lawyers Section (YLS). All three lawyers hold CBA leadership positions. Ms. Cooper co-chairs the Health Law Section, Ms. Gordon co-chairs the Consumer Law Section, and Mr. Seeman co-chairs the Municipal Law Section. The goals of the YLS are to promote justice, encourage public service, and promote diversity and education of young lawyers and newly admitted practitioners. The section, with over 2,000 members, organizes and sponsors continuing legal education and professional development sessions for both junior and senior members of the CBA.

      • August 16, 2013

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

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          Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

          Robinson & Cole was again recognized as having the highest number of attorneys in Connecticut selected by their peers for inclusion in The Best Lawyers in America© 2014 (Copyright 2013 by Woodward/White, Inc., of Aiken, S.C.). Across the firm's practice groups and offices, 56 attorneys were named to this year's list, including 48 in Connecticut and 2 who received the distinction for the first time.

          Additionally, three lawyers were named "Lawyer of the Year" for 2014. Judith M. Keppelman was named Hartford Trusts and Estates "Lawyer of the Year," Dwight H. Merriam was named Hartford Litigation - Real Estate "Lawyer of the Year," and James A. Wade was named Hartford Personal Injury Litigation - Defendants "Lawyer of the Year."

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      • June 10, 2013

        Chambers USA Ranks Robinson & Cole in Five Practices, Names 17 Attorneys as Leading Lawyers

      • February 11, 2013

        Ted Tucci Quoted in Law360 Article for Health Law

      • December 21, 2012

        Robinson & Cole Attorneys Appointed to Board of Directors of Nonprofits

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          Robinson & Cole Attorneys Appointed to Board of Directors of Nonprofits

          Robinson & Cole attorneys have recently joined the boards of four nonprofit agencies. Business litigation attorney Amanda B. Barry has joined the Board of Directors of The Children's Law Center, employment and labor attorney Nicole A. Bernabo was appointed to the Board of Directors of Statewide Legal Services of Connecticut, Inc., business litigation attorney Edward J. Heath has been elected to the Board of Directors of Greater Hartford Legal Aid, and health law attorney Brian D. Nichols has joined the Executive Board of Give an Hour.
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      • November 7, 2012

        Robinson & Cole Receives 32 First-Tier Metropolitan Rankings and Four National Rankings in U.S.News - Best Lawyers Survey

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          Robinson & Cole Receives 32 First-Tier Metropolitan Rankings and Four National Rankings in U.S.News - Best Lawyers Survey

          Robinson & Cole received 32 first-tier rankings, across the cities of Hartford, Stamford, New London, Boston, and Providence, in the 2013 "Best Law Firms" list from U.S.News & World Report.

          The firm also received four national rankings, including Tier 2 rankings for Information Technology Law and Litigation-Construction, and Tier 3 rankings for Land Use & Zoning Law and Real Estate Law.

          The rankings are presented in tiers, either in the national list or metropolitan area, by practice area. The 2013 national rankings cover 80 practice areas, while the metropolitan lists cover as many as 118 practice areas. Both rankings are based on surveys in which major clients and lawyers were asked to rate the law firms they consider best in their practice area.
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      • October 22, 2012

        Super Lawyers® Names 49 Robinson & Cole Attorneys to 2012 List and Recognizes 26 as Rising Stars

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          Super Lawyers® Names 49 Robinson & Cole Attorneys to 2012 List and Recognizes 26 as Rising Stars

          A total of 49 Robinson & Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, and Rhode Island for 2012. The Super Lawyers® designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas.

          In addition, 26 attorneys at the firm were recognized as "Rising Stars." Read an explanation of the Super Lawyers methodology here.

          Recognized attorneys and their areas of practice can be read in the full press release.

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      • August 28, 2012

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

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          Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

          Robinson & Cole LLP was again recognized as having the highest number of attorneys in Connecticut selected by their peers for inclusion in The Best Lawyers in America® 2013 (© 2012 by Woodward/White, Inc., of Aiken, S.C.). Across the firm's practice groups and offices, 55 attorneys were named to this year's list, including 46 in Connecticut and 10 who received the distinction for the first time.

          Best Lawyers is based on an exhaustive peer-review survey in which more than 4.4 million confidential evaluations are submitted by attorneys on the legal abilities of other lawyers in their practice areas. Additional information regarding the Best Lawyers selection methodology may be read here. Corporate Counsel magazine has called Best Lawyers "the most respected referral list of attorneys in practice."

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      • August 2, 2012

        Ted Tucci on Panel Discussion about the Supreme Court’s Ruling on Health Care

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          Ted Tucci on Panel Discussion about the Supreme Court’s Ruling on Health Care

          Health law litigation partner Theodore J. Tucci was one of three panelists discussing the U.S. Supreme Court’s ruling on health care at the MetroHartford Alliance’s Rising Star Breakfast series at The Bushnell on July 10, 2012. Mr. Tucci was on the panel with Kevin Counihan, chief executive officer of the Connecticut Health Insurance Exchange, and J. Bruce Boisture, of counsel at Day Pitney LLP. Mr. Tucci provided insight into the practical implications employers and insurers face during this new transition in health care and compliance with the Patient Protection and Affordable Care Act.

          The discussion aired on the CT-N Connecticut Network.
      • June 30, 2012

        Theodore J. Tucci to Participate in the Metro Hartford Alliance’s Panel Discussion on the U.S. Supreme Court’s Ruling on Health Care Reform

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          Theodore J. Tucci to Participate in the Metro Hartford Alliance’s Panel Discussion on the U.S. Supreme Court’s Ruling on Health Care Reform

          Join leading health lawyers and professionals at Metro Hartford Alliance’s Rising Star Breakfast series on July 10, 2012, at The Bushnell Center for the Performing Arts in Hartford, Connecticut.

          The Metro Hartford Alliance Rising Star Breakfast series will host a panel discussion on the U.S. Supreme Court’s ruling on health care reform featuring:

          • Theodore J. Tucci, Partner, Robinson & Cole LLP
          • Kevin Counihan, Chief Executive Officer, Connecticut Health Insurance Exchange
          • J. Bruce Boisture, Of Counsel, Day Pitney LLP
          The program runs from 8:00 to 9:00 a.m. Registration, networking, and continental breakfast begins at 7:30 a.m.

          For more information and to register, click here.
      • June 7, 2012

        Chambers USA Ranks Robinson & Cole in Five Practices, Names 16 Attorneys as Leading Lawyers

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          Chambers USA Ranks Robinson & Cole in Five Practices, Names 16 Attorneys as Leading Lawyers

          Robinson & Cole LLP announced today that the legal directory Chambers USA: America's Leading Lawyers for Business has recognized the firm in five practice area categories in its 2012 edition and has individually recognized 16 of the firm's attorneys.

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      • January 19, 2012

        Robinson & Cole Welcomes New Health Law Attorneys

      • October 19, 2011

        Class Dismissed! Appellate Team Wins Summary Judgment for Health Insurer

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          Class Dismissed! Appellate Team Wins Summary Judgment for Health Insurer

          In a 6-1 decision, the Connecticut Supreme Court affirmed a grant of summary judgment on October 7, 2011, in favor of longtime firm client Health Net of Connecticut in a proposed class action brought on behalf of the Connecticut Podiatric Medical Association. The podiatrists claimed that state law required that they be paid at the same rates as medical doctors for the performance of the same services. Health Net succeeded in persuading the Connecticut Supreme Court that the law required only that podiatric services be reimbursable, but did not require insurers to pay podiatrists at the same rates as medical doctors. The podiatrists had claimed more than $10 million in damages and interest. Linda L. Morkan, chair of the Appellate Practice Group, handled the appeal for Health Net, following the successful handling of the matter in Superior Court by Ted J. Tucci, chair of the Health Law Group, and Michael J. Kolosky.
      • June 17, 2011

        Chambers USA Ranks Robinson & Cole in Six Practices, Names 12 Attorneys as Leading Lawyers

      • June 14, 2011

        Health Law Attorneys Publish ACO Regulations Article in Connecticut Law Tribune

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          Health Law Attorneys Publish ACO Regulations Article in Connecticut Law Tribune

          Health law associates Pamela H. Del Negro and Meaghan Mary Cooper published the article “New Entities Will Coordinate Medicare Coverage” in the Connecticut Law Tribune Health Law Section on May 16, 2011. The article discusses the proposed regulations for Accountable Care Organizations (ACO) released by the Centers for Medicare & Medicaid Services (CMS). ACOs are designed to allow certain health care entities, providers, and suppliers, that meet specific eligibility criteria, to provide and coordinate medical care for Medicare beneficiaries, and potentially to share in cost savings, under the Shared Savings Program in the Patient Protection and Affordable Care Act of 2010. The proposed regulations from CMS were released concurrently with guidance from other federal agencies on the new ACO model that attempts to reduce Medicare costs while improving patient care.
      • June 8, 2011

        Robinson & Cole Attorneys Present Webinar on Accountable Care Organizations (ACOs)

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          Robinson & Cole Attorneys Present Webinar on Accountable Care Organizations (ACOs)

          Theodore J. Tucci, Michael J. Kolosky, and Jean E. Tomasco presented a webinar entitled "ACO Liability and Risk Management Issues: The Managed Care Perspective," hosted by OneBeacon Professional Insurance (OBPI). The webinar addressed the ACO regulations recently proposed by the federal government, identified potential liability issues faced by ACOs and payers in the commercial health insurance market, and provided practical guidance for managing those risks in the contracting, risk management, and litigation contexts.
      • May 13, 2011

        Attorneys Present Webinar on Accountable Care Organizations

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          Attorneys Present Webinar on Accountable Care Organizations

          Health law attorneys Lisa M. Boyle, Kimberly E. Troland, and Moses Vargas presented the webinar “Finally! Some Enlightenment on Accountable Care Organizations: Proposed Rules Issued” on April 27, 2011, and May 4, 2011. They discussed proposed rules and guidance released by federal agencies addressing requirements for hospitals, physicians, and other providers forming Accountable Care Organizations to collaborate on health care delivery under the Medicare Shared Savings Program, established under the Patient Protection and Affordable Care Act to promote high quality, cost-effective health care.
      • May 5, 2011

        Robinson & Cole Attorneys Present Medicaid Audit Defense Seminar

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          Robinson & Cole Attorneys Present Medicaid Audit Defense Seminar

          Michael J. Kolosky and Theodore J. Tucci presented a two-hour seminar on “Legal and Strategic Considerations in Defending Medicaid Audits” to the Connecticut Community Providers Association on April 27, 2011. In addition to summarizing the legal framework applicable to Medicaid audits, the seminar included a detailed case study and provided attendees with practical analytical tools and advice for managing all phases of these high-stakes financial audits. Approximately 40 executive-level members of the Connecticut health care community attended.
      • December 15, 2010

        Health and Benefits Litigators Win “Appropriate Care” Disability Insurance Case

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          Health and Benefits Litigators Win “Appropriate Care” Disability Insurance Case

          Jean E. Tomasco and Theodore J. Tucci of the firm’s health and benefits litigation team obtained summary judgment on behalf of Paul Revere Life Insurance Co. on a key disability insurance coverage issue. The case involved a question of whether an insured had complied with the “appropriate care” provisions of his disability policies when he failed to pursue a surgical procedure likely to alleviate his disability.

          The insured, a dentist, claimed to be totally disabled due to bilateral carpal tunnel syndrome. The policies required that to be eligible for benefits, the insured must receive regular and personal physician’s care that is appropriate, under prevailing medical standards, for his condition. The insured refused to pursue carpal tunnel release surgery after more conservative treatments failed to help. On behalf of Paul Revere, Ms. Tomasco and Mr. Tucci filed an action in U.S. District Court for the District of Connecticut seeking a declaratory judgment that the insurer owed no duty to pay additional benefits and that it was entitled to repayment of certain benefits. Both parties cross-moved for summary judgment on the complaint. Ruling in favor of Paul Revere, the court held that the language of the policies unambiguously imposed on the insured the duty to seek and accept appropriate medical care for his condition. The court further determined, given the undisputed facts of the case, that by forgoing release surgery the insured failed to comply with the “appropriate care” provisions and no longer qualified for benefits. The court also ruled in favor of Paul Revere on the insured’s statutory bad faith and other counterclaims.

          The firm believes this is the first reported decision in the country to grant summary judgment to a disability insurer on whether the insured’s failure to obtain surgery violates an appropriate care requirement.

      • December 6, 2010

        Health Care Attorneys Talk Strategy with Hospitals

      • November 1, 2010

        VNA Health Care Elects Attorney to Board of Directors

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          VNA Health Care Elects Attorney to Board of Directors

          VNA Health Care has named health care litigation attorney Michael L. Kolosky to its board of directors. VNA Health Care is a nonprofit agency dedicated to improving the health and well-being of individuals by providing a full range of home care, hospice, and community-based health and wellness services. As a member of the board, Mr. Kolosky will help govern and promote VNA Health Care in its mission to help people live independently in their homes. He began his three-year term on October 21, 2010.
      • September 17, 2010

        Robinson & Cole LLP Receives Most Connecticut First-Tier Rankings in Inaugural U.S.News - Best Lawyers Survey

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          Robinson & Cole LLP Receives Most Connecticut First-Tier Rankings in Inaugural U.S.News - Best Lawyers Survey

          U.S.News & World Report and the Best Lawyers in America® 2011 (© 2010 by Woodward/White, Inc., of Aiken, S.C.) have released their Best Law Firms rankings for practice areas, and Robinson & Cole LLP has garnered the most first-tier rankings for metropolitan areas in Connecticut.
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      • August 12, 2010

        Health Law Group Hosted Webinar on New Electronic Health Record Requirements

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          Health Law Group Hosted Webinar on New Electronic Health Record Requirements

          Robinson & Cole's Health Law Group recently hosted a webinar addressing the final regulations issued by the Department of Health and Human Services on "meaningful use" of certified electronic health record (EHR) technology under the Medicare and Medicaid EHR Incentive Programs. Established under the American Recovery and Reinvestment Act of 2009, the EHR Incentive Programs make $27 billion available over 10 years to spur the creation of a nation-wide system of EHRs, with the goal of achieving significant improvements in care. The final regulations address what eligible hospitals and professionals must do to demonstrate that they are meaningful users of certified EHR technology, and thus qualify for incentive payments. The webinar was led by health care attorneys Kimberly Troland and Moses Vargas and moderated by Health Law Group co-chair Lisa M. Boyle.
      • June 14, 2010

        Robinson & Cole Partner Quoted in Hartford Business Journal on Health Care Reform Impact to Local Businesses

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          Robinson & Cole Partner Quoted in Hartford Business Journal on Health Care Reform Impact to Local Businesses

          Employee benefits and compensation attorney Bruce Barth was quoted in two articles in the Hartford Business Journal on how the new health care reform bill will impact health care coverage that small, medium and large Connecticut companies provide for their workers. In the article "Business Rethinks Stand on Benefits," published on May 31, Mr. Barth discussed the decisions companies will face in 2014 when they will be required to offer health care coverage if they have 50 or more employees, including weighing the costs and benefits of offering coverage or paying the relatively low fines for not offering it. In the article "Health Care Changes Take Shape," published on May 24, he drew attention to some provisions of the health care reform bill going into effect for plan years beginning after September 23 that will impact health plans options for businesses, such as requiring group health plans to cover certain preventative services at no cost to the employee and prohibiting health plans from imposing preexisting condition exclusions for children under 19, placing lifetime dollar limits on medical claims, placing unreasonable annual dollar limits on claims, and rescinding health coverage once an individual is covered under the plan, unless the individual acted fraudulently or made an intentional misrepresentation of a material fact.
      • June 4, 2010

        Robinson & Cole Attorneys Author CT Law Tribune Article on Expansion of Fraud and Abuse Laws Under Reform Legislation

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          Robinson & Cole Attorneys Author CT Law Tribune Article on Expansion of Fraud and Abuse Laws Under Reform Legislation

          Health law attorneys Michael J. Kolosky and Brian D. Nichols wrote an article published in the May 24 issue of the CT Law Tribune about changes to federal fraud and abuse laws in the health care industry enacted under the Patient Protection and Affordable Care Act (PPACA) of 2010. The article highlights three areas of change that will effect business operations and compliance efforts: the anti-kickback statute, overpayments, and self-disclosure protocol. To read the full article, click here.
      • May 20, 2010

        Robinson & Cole Attorneys Featured in Health Care Reform Book

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          Robinson & Cole Attorneys Featured in Health Care Reform Book

          Health care attorneys Stephen W. Aronson and Lisa M. Boyle have been cited as contributors in the book CCH’s Law, Explanation and Analysis of the Patient Protection and Affordable Care Act, a Wolters Kluwer publication. Mr. Aronson discussed changes to laws regarding health insurance exchange eligibility rules. Ms. Boyle discussed changes to laws regarding improvements to the physician quality reporting system, physician and supplier documentation of referrals to programs at high risk of fraud and abuse, and physician self-referral disclosure protocol.
      • April 28, 2010

        Robinson & Cole Attorney Speaks at Regional Economic Development Forum

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          Robinson & Cole Attorney Speaks at Regional Economic Development Forum

          Health care and employment attorney Stephen W. Aronson recently spoke on "Health Care Reform: Economic Opportunities for MetroHartford" at the Regional Economic Development Forum sponsored by the MetroHartford Alliance. Mr. Aronson discussed some of the economic development opportunities in the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act that are scheduled to be implemented within the next three years.
      • October 12, 2009

        Connecticut Governor Appoints Robinson & Cole Attorney to Advisory Committee

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          Connecticut Governor Appoints Robinson & Cole Attorney to Advisory Committee

          Connecticut Governor M. Jodi Rell has appointed Lisa M. Boyle to serve on the state's Health Information Technology and Exchange Advisory Committee. Ms. Boyle will serve a four-year term. Her responsibilities include serving as the attorney with experience in the field of privacy, health data security or patient rights. This committee formed through enactment of Public Act 09-232 and has oversight from the Department of Public Health. The committee’s main responsibility is to advise the Commissioner of Public Health on the appropriate exchange of health care data and use of modern electronic means for data storage and transmission.
    • Publications + Presentations
    • "DOJ Guidance: Focus on Integrating Compliance and Business Operations," published in Compliance Today, authored by Pamela H. Del Negro (June 2017)
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        • DOJ Guidance: Focus on Integrating Compliance and Business Operations

        "DOJ Guidance: Focus on Integrating Compliance and Business Operations," published in Compliance Today, authored by Pamela H. Del Negro (June 2017)

        The article discusses how the U.S. Department of Justice's recently released guidance for evaluating compliance programs may be used to help board members and management understand compliance-related topics. 


      "CMS Releases Statement on Progress of EHR Incentive Programs" (12/13/2013)

      "OIG Report Outlines Concerns Regarding Use of Spinal Devices Provided by Physician-Owned Distributors" (12/11/2013)

      "Developing an Accountable Care Organization; Participating in the Medicare Shared Savings Program," presented at Connecticut Healthcare Financial Management Association Seminar, co-presented by Brian D. Nichols and Meaghan Mary Cooper (11/20/2013)

      "Compliance Date of HIPAA Omnibus Rule Approaching" (08/08/2013)

      "CT DSS Notifies Providers They Must Enroll in Medicaid to Serve Medicaid Beneficiaries" (08/01/2013)

      "OIG Issues Advisory Opinion Permitting Podiatrist-Owned Orthotics Business" (07/30/2013)

      "CT Health Law Legislative Update" (07/16/2013)

      "CT Health Law Legislative Update Supplement" (07/16/2013)

      "Health Law Pulse" (06/26/2013)

      "OIG Releases Revised Provider Self-Disclosure Protocol" (05/07/2013)

      "OIG Releases Special Fraud Alert and EHR Donation Sunset Date" (04/12/2013)

      "CMS Releases Final Sunshine Act Rule" (03/12/2013)

      "Implications of the Final HIPAA Omnibus Rule," co-presented by Brian D. Nichols, Meaghan Mary Cooper and Michael J. Kolosky, webinar (3/5/2013)

      "FTC Issues Favorable Advisory Opinion to Clinically Integrated PHO" (02/28/2013)

      "OIG Issues Advisory Opinions" (02/20/2013)

      "HIPAA Omnibus Rule Released" (02/13/2013)

      "CT AG Consolidates Antitrust and Health Care Fraud Units" (01/22/2013)

      "HHS-OCR Guidance for De-identifying PHI Under HIPAA" (12/18/2012)

      "OIG: Per Diem Call Coverage Payment Not Subject to Sanctions" (12/06/2012)

      "OIG Workplan for Fiscal Year 2013" (10/30/2012)

      "CT DSS Issues Proposed Audit Regulations" (10/18/2012)

      "Service Line Co-Management Arrangements: Models & Practicalities," published in ABA Health eSource, authored by Pamela H. Del Negro (10/2012)

      "Health Law Pulse" (09/27/2012)

      "CT Health Law Special Legislative Session Update" (07/25/2012)

      "NLRB Finds Hospital's No-Access Policy for Off-Duty Employees Unlawful" (07/16/2012)

      "Patient Protection and Affordable Care Act," presented by Theodore J. Tucci (7/10/2012)
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        • Patient Protection and Affordable Care Act

        "Patient Protection and Affordable Care Act," presented by Theodore J. Tucci (7/10/2012)

        MetroHartford Alliance Rising Star Breakfast, discussion panelist


      "New Regulations for Hospital Conditions of Participation" (07/09/2012)

      "Supreme Court Holds Patient Protection and Affordable Care Act Constitutional" (06/29/2012)

      "CT Health Law Legislative Update" (06/11/2012)

      "Health Law Pulse" (06/01/2012)

      "OSHA Focuses on Nursing and Residential Care Facilities" (04/23/2012)

      "CMS Issues Proposed Rule on Stage Two Meaningful Use" (03/13/2012)

      "Health Law Pulse" (03/01/2012)

      "Federal Agency Guidance on ACOs Released" (11/22/2011)

      "Accountable Care Organizations Final Regulations Released" (11/09/2011)

      "Health Law Pulse" (10/18/2011)

      "CT Health Law Legislative Update Part 2" (08/19/2011)

      "CT Health Law Legislative Update Part 1" (07/14/2011)

      "Health Law Pulse" (06/24/2011)

      "New Entities Will Coordinate Medicare Coverage," published in Connecticut Law Tribune, co-authored by Pamela H. Del Negro and Meaghan Mary Cooper (5/16/2011)

      "Guidance Released on Accountable Care Organizations Participating in the Medicare Shared Savings Program" (05/13/2011)

      "Finally! Some Enlightenment on Accountable Care Organizations: Proposed Rules Issued," co-presented by Lisa M. Boyle and Kimberly E. Troland and Moses Vargas (4/27/2011 and 5/4/2011)

      "Legal and Strategic Considerations in Defending Medicaid Audits," at Connecticut Community Providers Association, co-presented by Theodore J. Tucci and Michael J. Kolosky (4/27/2011)

      "Federal Agencies Release Guidance on Accountable Care Organizations" (04/21/2011)

      "Health Law Pulse" (03/10/2011)

      "Horizontal Merger Guidelines Revised" (10/19/2010)

      "Health Law 2010 Legislative Update" (07/15/2010)

      "New "Patient's Bill of Rights" Issued under Patient Protection and Affordable Care Act" (07/07/2010)

      "Health Care Reform Update" (04/12/2010)

      "President Obama Announces New Efforts to Crack Down on Fraud" (03/22/2010)

      "Vermont Supreme Court Upholds Suspension of Physician's License Despite Due Process" (02/12/2010)

      "Recovery Audit Contractor (RAC) Program" (12/28/2009)

      "CMS Issues Memorandum on Compliance with EMTALA During a Potential H1N1 Emergency" (12/28/2009)

      "Massachusetts Court Interprets Mental Health Professional "Duty to Warn Statute"" (12/28/2009)

      "Enforcement of Red Flags Rule Has Been Delayed Again" (11/09/2009)

      "New Connecticut False Claims Act" (11/09/2009)

      "Health Law 2009 Legislative Update" (09/21/2009)

      "Interim Final Regulations Clarify HITECH's Breach of Health Information Notification Requirements" (09/03/2009)

      "Enforcement of Red Flags Rule Has Been Delayed" (07/30/2009)

      "HHS Issues Guidance on Technologies and Methodologies that Render Protected Health Information Secure" (07/29/2009)

      "Enforcement of Federal Trade Commission Red Flag Rules Delayed" (05/19/2009)

      "Health Care Entities that Extend Credit to Patients Must Implement Identity Theft Prevention Program" (04/27/2009)

      "Health Care Implications of Federal Stimulus Plan" (03/09/2009)

      "Red Flag Rules' Effective Date Has Been Delayed" (10/24/2008)

      "Health Law 2008 Legislative Update" (09/03/2008)

      "A Guide to Connecticut’s Certificate-of-Need Process," published in Connecticut Medicine Magazine, co-authored by Brian D. Nichols and Theodore J. Tucci (June/July 2008)

      "Health Law Pulse" (06/11/2008)

      "The Joint Commission Suspends the Implementation of Revised Standard MS 1.20" (06/11/2008)

      "CT Department of Public Health Adopts New Regulations for Reporting Adverse Events within Hospitals and Outpatient Surgical Facilities" (02/29/2008)

      "Health Law Pulse" (11/06/2007)

      "Health Law Pulse" (08/09/2007)

      "Health Law Pulse" (06/27/2007)

      "Health Law Pulse" (04/19/2007)

      "Health Law Pulse" (03/26/2007)

      "Health Law Pulse" (02/15/2007)

      "Health Law Pulse" (11/27/2006)

      "Health Law Pulse" (07/31/2006)

      "Health Law Pulse" (06/20/2006)

      "Health Law Pulse" (05/24/2006)

      "e-News" (08/24/2005)

      "e-News" (06/10/2005)

      "e-News" (03/29/2005)

      "e-News" (11/22/2004)

      "e-News" (10/08/2004)

      "e-News" (09/20/2004)

      "e-News" (08/09/2004)

      "e-News" (04/06/2004)

      "e-News" (11/10/2003)

      "e-News" (09/25/2003)

      "Confidentiality," at Mental Health and the Law, A Health Education Network program, presented by Meaghan Mary Cooper

      "Medical Records Law," at Lorman Education Services program, presented by Meaghan Mary Cooper (3/14/2013; 4/11/2012)

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