Mathew J. Levy

TRANSACTIONAL MATTERS:

Ambulatory Surgery Centers/ Diagnostic and Treatment Centers
Commercial leases
IPA Formation
Mergers and Acquisitions
Partnership Agreements / Shareholders Agreements
Physician Employment Contracts
Private Equity Transactions / Venture Capital Transactions
Stock Purchase / Asset Sale Agreements

REGULATORY MATTERS:

Anti-Kickback Statute
Compliance programs
Fee-Splitting Issues
HIPAA privacy regulations
OSHA, OCR and DEA
Prohibition Against the Corporate Practice of Medicine
Stark Law Issues

Mr. Levy has extensive experience in defending healthcare professionals in actions brought by State licensing authorities and State & Federal agencies such as:

Commercial Insurance Audits
Medicaid Fraud Control Unit investigations
Medicare and Medicaid
Medicare Fraud Waste and Abuse Investigations
Office of Professional Discipline (OPD)
Office of Professional Medical Conduct (OPMC)
OIG, OMIG, DEA, OSHA, OCR, OSHA
Prepayment Review, Post Payment Review, Medicare Hearings and Hospital Discipline Investigations
Termination from Managed Care and Health Care plans
Termination of Hospital privileges
The Attorney General’s Office Investigations
The US Attorney’s Office Investigations

ABOUT MATHEW J. LEVY - EQUITY PARTNER:

NOTEWORTHY LECTURES:

Mr. Levy speaks on numerous health law issues including multi-specialty groups, fraud and abuse, medical records, confidentiality of protected health information, employment contract negotiations, and licensure issues at varying locations:

Yale University
Columbia Presbyterian Hospital
NYU Downstate Hospital
Stony Brook Hospital
Montefiore Hospital
Beth Israel Medical Center
St. Vincent’s Hospital & Medical Center
Long Island Jewish Medical Center
Maimonides Hospital
Plainview Hospital
American Academy of Pediatrics
New York State Medical Society
Nassau County Medical Society
Richmond County Medical Society
New York State Society of Anesthesiologists
Westchester County Medical Society
Suffolk County Medical Society
Queens County Medical Society
Rockland County Medical Society
Duchess County Medical Society
Osteopathic Medical Society
New York Chiropractic Counsel Annual Convention

NOTABLE PUBLICATIONS / APPEARANCES:

Physician Employment Agreements
Managed Care Audits
Physician Leases
The Anti-Kickback Statute
Asset Protection
OPMC & OPD Investigations
Insurance Audits
Concierge Medical Practices
“The Hot Seat”
How to Handle Investigators When They Show Up at Your Home or The Office
Sexual Harassment

HONORS AND AWARDS:

Super Lawyers, 2011-2022
Professional Marquis Who’s Who, 2020
Top Attorneys in the New York Metro Area, 2019
Marquis Who’s Who, 2018 and 2019
Certificate of Appreciation, Toolkit for Independence Symposium, 2018
Albert Nelson Marquis Lifetime Achievement Award, 2018
Certificate of Appreciation, New York State Osteopathic Medical Society, 2010
Certificate of Appreciation, New York Chapter II of the American Academy of Pediatrics, 2005 – 2007
Counsel to Amtrak Police Surgeons Program
Member of National Emergency Medical Task Force
Founding Member of Medical Network Resource Group

PROMINENT MATTERS:

Successfully defended physician at OPMC against four (4) separate investigations.
Represented various clients related to sale of practices with Private Equity groups.
Successfully reinstated physicians that were terminated from Workers Compensation Board.
Represent large physician practice in False Claims Act investigation involving allegations of healthcare fraud and kickbacks; obtained resolution.
Represent healthcare practice related to HIPAA breach; obtained resolution.
Represented several healthcare practices in DOJ investigations.
Reviewed and negotiated Venture Capital transactions and Private Equity transactions.
Represented Durable Medical Equipment company in State and Federal investigations.
Successfully reinstated several physicians that were terminated from large health insurance company and negotiated removal from prepayment review.
Successfully overturned a $16 million Dollar commercial insurance overpayment demand on behalf of a large medical group with numerous locations.
Successfully overturned several commercial insurance overpayments demands on behalf of several healthcare providers.
Overturned multi-million-dollar Medicare and Medicaid overpayment demands, as well as overpayment demand with third party payors.
Negotiated settlement agreements significantly reducing potential penalties with the US Attorney’s Office on behalf of clients investigated with respect to alleged healthcare fraud.
Formed Ambulatory Surgery Centers and Diagnostic Treatment Centers and advised clients on the Certificate of Need process.
Represented Sellers and Buyers in connection with multi-million-dollar practice sales.
Structured and negotiated joint venture arrangements between health care providers.
Structured acquisition of nine health care facilities in addition to the purchase of the medical business and related real estate.
Successfully represented clients in licensure matters before the Office of Professional Medical Conduct (OPMC) and Office of Professional Discipline (OPD).
Created and structured numerous corporations and shareholders agreements, limited liability companies and operating agreements, partnerships and partnership agreements.
Drafted and negotiated commercial lease agreements on behalf of health care clients.
Created and structured asset protection and estate planning models for clients protecting millions of dollars of clients’ assets.
Structured and negotiated sale of multi-million dollar publicly traded health care company.
Formed Independent Practice Association (IPA) in New York.
Negotiated settlements with the US Attorney’s Office on behalf of a client, related to corporate integrity agreements.
Structured concierge medical practices.
Represented clients related to HIPPA breaches.
Represented clients related to OIG, OMIG, DOH, DEA, OCR, OSHA, and MAC investigations.

LECTURES:

Speaker: What Do You Do if a Federal Agent or an Investigator Shows Up at Your Home or Your Office?, April 12, 2023.
Sailing Into Practice, Employment Contract Review, Children’s Hospital at Montefiore, Bronx, N.Y., January 10, 2023
Speaker: What To Do When You Or Your Practice Is Under Investigation & Medical Documentation Changes for 2023, October 18, 2022
Speaker: New York Chiropractic Council Annual Convention, Understanding What To Do When An Investigator Shows Up At Your Home Or Office and How To Handle Third-Party Payor Audits, Westchester Marriott, Tarrytown, N.Y., October 14 to 16, 2022
Speaker: Maria Fareri Children’s Hospital at Westchester Medical Center, Contracts, Audits and More…, August 11, 2022
Speaker: 2022 National Association of Health Care Auditors & Educators, Legal Issues for Auditor Awareness, July 28, 2022
Speaker: DC-NP-PT Practice Integration Seminar, LaGuardia Airport at the Marriott, East Elmhurst, N.Y., June 9, 2022
Speaker: Ophthalmology Dept. at Rutgers Medical School, Physician Employment Contracts & How to Navigate a Physician Employment Contract, Rutgers, N.J., March 30, 2022
Speaker: Pediatric Intensive Care Unit & the Pediatric Emergency Department at Maria Fareri Children’s Hospital, Physician Employment Contracts & How to Navigate a Physician Employment Contract, Westchester Medical, N.Y., March 3, 2022
Speaker: Virtual Career Night, December 8, 2021
Speaker: Lecture Series, How To Respond To A Visit From An Investigator, November 22, 2021
Speaker: DC-NP Seminar, Chiropractors and Nurse Practioner Joint Ventures, LaGuardia Airport at the Marriott, East Elmhurst, N.Y. November 4, 2021
Speaker: Lecture Series, Employment Contracts, Retrospective Audits and Understanding Physician Contracts, October 27, 2021
Speaker: Psychiatric/Mental Health Nurse Practitioners, Intricacies of NP Employment Contracts, Collaborative Agreements with Physicians, and Independent Contractor Status, July 28, 2021
Speaker: DC-NP Integration Webinar, April 6, 2021
Toolkit for Independence, March 25, 2021
Speaker: Grand Rounds, New Legal Developments in Medicine, Woodhull Medical and Mental Health Center, Brooklyn, N.Y., February 26, 2021
Speaker: Contracts for Young Physicians, New York Medical College, Valhalla, N.Y., January 6, 2021
Speaker: New York Chiropractic Council 31st Annual Convention, Understanding What To Do When An Investigator Shows Up At Your Home Or Office and How To Handle Third-Party Payor Audits, Westchester Marriott, Tarrytown, N.Y., October 16, 17 and 18, 2020
Speaker: Psychiatric/Mental Health Nurse Practitioners, Intricacies of Nurse Practitioners Employment Contracts, Collaborative Agreements with Physicians and Independent Contractor Status, Adelphi University, Garden City, N.Y., April 21, 2020
Speaker: Richmond County Medical Society, Staten Island, N.Y., April 7, 2020
Speaker: The Pediatric Chief Residents’ Career & Leadership Curriculum, Children’s Hospital at Montefiore Medical Center, Bronx, N.Y., March 4, 2020
Presentation: Fraud Waste & Abuse, Woodhull Hospital, Brooklyn, N.Y., February 28, 2020
Understanding the Physician Employment Contract, New York Medical College, Valhalla, N.Y., November 19, 2019
Physicians Legal Issues Conference: Collaboration, Integration & Innovation, The InterContinental Chicago Magnificent Mile, Chicago, I.L., September 12, 13 and 14, 2019
Understanding Third Party Payors, New York Chiropractic Counsel 29th Annual Convention, Westchester Marriot, Tarrytown, N.Y., October 12, 13 and 14, 2018
New York State Mandated Sexual Harassment Training, Russell’s Steaks and Chops, Williamsville, N.Y., September 20, 2018
Seminar: Montefiore Medical Center, Bronx, N.Y., November 8, 2017
Seminar: NUMC Internal Medicine Seminar Series, East Meadow, N.Y., September 22, 2017
Seminar: NYHQ Dental and Oral Medicine, Flushing, N.Y., June 6, 2017
Seminar: Stony Brook General Residency Program, Stony Brook, N.Y., April 25, 2017
Seminar: Winthrop Dental Discussion with Residents, Mineola, N.Y., April 19, 2017
Seminar: Toolkit for Independence Symposium, Farmingdale, N.Y., February 27, 2017
Sailing Into Practice, Lutheran Dental, New York, N.Y., May 17, 2016
Sailing Into Practice, NYHQ Dental Fresh Meadows, N.Y., May 9, 2016
HIPAA Compliance Lecture Dynamic Media Imaging Maspeth, N.Y., May 4, 2016
Sailing Into Practice, Montefiore Hospital Anesthesiology, New York, N.Y., April 29, 2016
Sailing Into Practice, Kings County Hospital Dental, Brooklyn, N.Y., April 27, 2016
Contract Negotiation NYCOMEC Residents Topic, Old Westbury, N.Y., November 21, 2014
Sailing Into Practice, New York Medical College Alumni Center, Valhalla, N.Y., September 16, 2014
Sailing Into Practice, Harlem Hospital Dental, New York, N.Y., June 4, 2014
Sailing Into Practice, Stony Brook Periodontics, Stony Brook, N.Y., May 9, 2014
Sailing Into Practice, King County Hospital Dental, Brooklyn, N.Y., May 7, 2014
Sailing Into Practice, Nassau University Medical Center PM & R, East Meadow, N.Y., May 1, 2014
Sailing Into Practice, Stony Brook General Dental Residency, Stony Brook, N.Y., April 25, 2014
Sailing Into Practice, Montefiore GPR, Bronx, N.Y., April 22, 2014
Sailing Into Practice, Lincoln Dental – Lincoln Hospital GPR and OMFS, Bronx, N.Y., April 16, 2014
Sailing Into Practice, Wyckoff Heights Medical Center Surgery, Brooklyn, N.Y., April 10, 2014
Prepayment Audit Review and Post Payment Audit Review Alliance of Independent Physical Therapists & Counsel of Licensed Physical Therapists. East Elmhurst, N.Y., March 18, 2014
Sailing Into Practice: Contracts and Avoidance of Employment Pitfall Regional Osteopathic Convention – New York (ROC-NY) 2014, Hauppauge, N.Y., February 21, 2014
How to Avoid the Prepayment Audit Review WCH Service Bureau, N.Y.C., N.Y., October 29, 2013
Practice Options and Contracting Issues NY Chiropractic Council Annual Convention, East Rutherford, New Jersey, October 17, 2013
Sailing Into Practice, Mathew Kapklein, MD, Ardsley, N.Y., October 11, 2013
How to Avoid the Prepayment Audit Review Wealth Edge Advisors, N.Y.C., N.Y., September 19, 2013
Sailing Into Practice, Montefiore Hospital, The University Hospital for Albert Einstein College of Medicine, Bronx, N.Y., December 2012
Contract Negotiation, New York Institute of Technology, de Seversky Mansion, Old Westbury, N.Y., December 2012
Sailing Into Practice, Westchester Children’s Hospital, Valhalla, N.Y., November 2012
Sailing Into Practice, M&T Bank, New York, N.Y., September 2012
Sailing Into Practice, Medical Resource Group, Garden City, N.Y., June 2012
Sailing Into Practice, AAFS, New Orleans, L.A., June 2012
Sailing Into Practice, Medical Resource Group, Garden City, N.Y., May 2012
Sailing Into Practice, AAP, District II Williamsville, N.Y., March 2012
Negotiating Contracts, Bellevue Hospital Center, New York, N.Y., March 2012
Sailing Into Practice, Staff and Career Night, Montefiore Hospital, Bronx, N.Y., November 16, 2011
Sailing Into Practice, Chiropractor’s Council, Westchester Marriot, Tarrytown, N.Y., October 15, 2011
Sailing Into Practice, Annual Career Planning Workshop for Senior Pediatric Residents, Maria Fareri Children’s Hospital, Westchester Medical Center, Valhalla, N.Y., September 21, 2011
Sailing Into Practice, LIJ Medical Center Pediatrics Dentistry, New Hyde Park, N.Y., August 3, 2011
Accountable Care Organizations – What They Are, What They Are Not & What They May Be, All City Family Health Care, Brooklyn, N.Y., June 16, 2011
Sailing Into Practice, American Academy of Pediatrics, Nassau University Medical Center, N.Y., December 7, 2010
How to Avoid the Medicare Mouse, New Cardiovascular Horizons, New Orleans, L.A., June 3, 2011
Accountable Care Organizations – What They Are, What They Are Not & What They May Be, Orange County Medical Society, Washingtonville, N.Y., May 10, 2011
Accountable Care Organizations – What They Are, What They Are Not & What They May Be, Ulster County Medical Society, Kingston, N.Y., May 3, 2011
Accountable Care Organizations – What They Are, What They Are Not & What They May Be, Genesee County Medical Society, Niagara Falls, N.Y., April 14, 2011
Accountable Care Organizations – What They Are, What They Are Not & What They May Be, Westchester County Medical Society, White Plains, N.Y., March 29, 2011
Accountable Care Organizations – What They Are, What They Are Not & What They May Be, Orleans County Medical Society, Niagara Falls, N.Y., March 30, 2011
Practice Options & Contracting Issues, New York College of Osteopathic Medicine, Hauppauge, NY, March 4, 2011
Sailing Into Practice, American Academy of Pediatrics, Winthrop Hospital, N.Y., January 13, 2011
Practice Options and Contracting Issues, Montefiore Hospital, Bronx, N.Y., November 10, 2010
CME – Retrospective Audits-How to Deal With and Avoid Them, Medical Resource Group – New Hyde Park, N.Y., November 3, 2010
Understanding Physician Lease Agreements & the Anti-Kickback Statute, NYSSA (District 8), Melville, N.Y., September 15, 2010
Sailing Into Practice, New York Medical College – Pediatrics, Valhalla, N.Y., July 21, 2010
CME – Health Law Update: Asset Protection and Retrospective Audits, Westchester County Medical Society, Chappaqua, N.Y., June 8, 2010
Understanding Physician Lease Agreements & the Anti-Kickback Statute, New York State Podiatry Association, N.Y., May 27, 2010
Sailing Into Practice, American Academy of Pediatrics, Buffalo, N.Y., April 29, 2010
Sailing Into Practice, American Academy of Pediatrics, Rochester, N.Y., April 28, 2010
Practice Options & Contracting Issues, Long Island College Hospital, Brooklyn, N.Y., April 27, 2010
Practice Options & Contracting Issues, New York College of Osteopathic Medicine, Hauppauge, N.Y., April 9, 2010
Sailing Into Practice, SUNY Stony Brook, NY, February 18, 2010
Understanding Physician Lease Agreements & the Anti-Kickback Statute, Vision Day, New York, N.Y., January 16, 2010
- Asset Protection, Rockland Medical Society, Rockland County, NY, January 14, 2010
- Understanding Physician Lease Agreements & Anti Kickback Statute, Suffolk County Podiatry Dinner, Islip, NY, November 19, 2009
- Sailing Into Practice, American Academy of Pediatrics, LIJ, Lake Success, NY, November 12, 2009
- Sailing Into Practice, Montefiore Staff & Alumni Association, Bronx, NY, November 11, 2009
- Sailing Into Practice, American Academy of Pediatrics, Nassau University Medical Center, East Meadow, NY, November 10, 2009
- Sailing Into Practice, American Academy of Pediatrics, Maimonides Hospital, Brooklyn, NY, October 29, 2009
- Practice Options & Contracting Issues, Long Beach Medical Center, Long Beach, NY, October 23, 2009
- Understanding Physician Lease Agreements & Anti Kickback Statute, South Nassau Hospital DPM, Oceanside, NY, October 21, 2009
- Sailing Into Practice, LIJ Medical Center Pediatrics Dentistry, New Hyde Park, NY, October 7, 2009
- Practice Options & Contracting Issues, Brooklyn Hospital, Family Medicine, Brooklyn, NY, October 1, 2009
- Understanding Physician Lease Agreements & Anti Kickback Statute, Queens County DPM Society, Great Neck, NY, September 17, 2009
- Understanding Physician Lease Agreements & Anti Kickback Statute, IDTF, Business, Great Neck, NY, September 10, 2009
- Practice Options & Contracting Issues, Long Island Jewish Hospital, New Hyde Park, NY, September 2, 2009
- Sailing Into Practice, NY Medical College Center, Valhalla, NY, July 23, 2009
- Perspective, NYSSA (District 3), Rye Brook, NY, June 17, 2009
- Sailing Into Practice, Brooklyn Hospital Center, Brooklyn, NY, May 7, 2009
- Practice Options & Contracting Issues, SUNY Downstate Kings County Hospital Center, Brooklyn, NY, April 16, 2009
- Sailing Into Practice, New York State Osteopathic Medical Society, Hauppauge, NY, March 27, 2009
- Practice Options & Contracting Issues Plainview Hospital, Plainview, NY, March 20, 2009
- Practice Options & Contracting Issues (Business Formation), Medical Student Business Association, NY Medical College, Valhalla, NY, January 22, 2009
- Sailing Into Practice, American Academy of Pediatrics, Stony Brook, NY, January 21, 2009
- Sailing Into Practice, American Academy of Pediatrics, Bayside, NY, January 6, 2009

NOTABLE MATTERS:

Represented healthcare provider in connection with termination from healthcare plan; termination overturned after a hearing and provider was reinstated immediately.
Reviewed and negotiated Venture Capital transactions and Private Equity transactions.
Successfully reinstated physician that was terminated from large health insurance company and negotiated removal from prepayment review.
Successfully overturned a $16 million Dollar Commercial Insurance Overpayment Demand on behalf of a large medical group with numerous locations.
Overturned multi-million dollar Medicare and Medicaid overpayment demands, as well as overpayment demand with third party payors.
Negotiated settlement agreements significantly reducing potential penalties with the US Attorney’s Office on behalf of clients investigated with respect to alleged healthcare fraud.
Formed Ambulatory Surgery Centers and Diagnostic Treatment Centers and advised clients on the Certificate of Need process.
Represented Sellers and Buyers in connection with multi-million dollar practice sales.
Structured and negotiated joint venture arrangements between health care providers.
Structured acquisition of nine health care facilities in addition to the purchase of the medical business and related real estate.
Successfully represented clients in licensure matters before the Office of Professional Medical Conduct (OPMC) and Office of Professional Discipline (OPD).
Created and structured numerous corporations and shareholders agreements, limited liability companies and operating agreements, partnerships and partnership agreements.
Drafted and negotiated commercial lease agreements on behalf of health care clients.
Created and structured asset protection and estate planning models for clients protecting millions of dollars of clients’ assets.
Structured and negotiated sale of multi-million dollar publicly traded health care company.
Formed Independent Practice Association (IPA) in New York.
Negotiated settlements with the US Attorneys Office on behalf of a client, related to corporate integrity agreements.
Structured concierge medical practices.
Represented clients related to HIPPA breaches.
Represented clients related to OIG, OMIG, DOH, DEA, OCR, OSHA, and MAC investigations.

PUBLICATIONS AND PODCASTS:

EDUCATION AND JURISDICTIONS:

Touro College Jacob D. Fuchsberg Law Center, J.D., 1997
S.U.N.Y. Binghamton, B.S., 1990
Licensed in NY, PA, & D.C.