Weiss Zarett Brofman | Sonnenklar & Levy, P.C. | Attorneys At Law

High Quality Services And Personal Attention

Attorney Mathew J. Levy

Mathew J. Levy

Shareholder/Director

Contact Me:

516-877-1172
Rated by Super Lawyers Mathew J. Levy 10 Years
Attorney Mathew J. Levy

Mathew J. Levy

Shareholder/Director

Contact Me:

516-877-1172
Rated by Super Lawyers Mathew J. Levy 10 Years

Biography

Mathew J. Levy is a Partner of the Firm and the Co-Chair of the Firm's corporate, transactional and healthcare practice groups. Mr. Levy has particular experience in, structuring and negotiating joint venture agreements, stock purchase, asset sale agreements, shareholders agreements, partnership agreements, settlement agreements, employment contracts, managed care agreements and commercial leases. Among the areas in which he focuses are coordinating mergers and acquisitions, compliance programs, ambulatory surgery centers, establishment of diagnostic and treatment centers, HIPAA privacy regulations, fee-splitting issues, Stark law issues, fraud and abuse rules and regulations and Medicare/ Medicaid, Oxford, Americhoice and other third party payor audits. A dynamic speaker and prolific author, he has lectured at Yale University, Beth Israel Medical Center, NYU Downstate Hospital, Columbia Presbyterian Hospital, St. Vincent's Hospital & Med Center, Long Island Jewish Medical Center among others on a wide range of health law issues including multi-specialty groups, fraud and abuse, medical records, confidentiality of protected health information, employment contract negotiations, and licensure issues related to interviews and hearings with the Office of Professional Medical Conduct as well as the Office of Professional Discipline. He has authored numerous articles on various health law topics including Physician Employment Agreements, Managed Care Audits, Physician Leases, The Anti-Kickback Statute, Asset Protection, and Concierge Medical Practices among others and has been featured on a cable TV show "The Hot Seat". Mr. Levy advises healthcare clients on the day-to-day business operations that have the attention of the FBI, Office of Inspector General, District Attorneys and the U.S. Attorneys Office.

Prominent Matters

  • Successfully defended ABA provider and ABA Provider is now reinstated with full billing authorization related to Optum investigation and suspension.
  • Appealed Workers Compensation Board termination of Physician resulting in a full reinstatement.
  • Appealed provider participation to Emblem Health resulting in a full reinstatement.
  • Defended several Office of Professional Medical Conduct resulting in a full closure of investigation with no disciplinary action taken by the state.
  • Appealed provider billing privileges resulting in a full reinstatement.
  • 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 before the 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.

Published Works

  • Understanding EUOS and New Guidance Involving Corporate Structure
  • Understanding The Process of Leaving A Large Mega Group or Hospital After a Merger
  • Understanding the Process of Selling a Medical Practice
  • Understanding Retrospective Audits and How to Avoid Them
  • Understanding Matters Before the Office of Professional Medical Conduct (OPMC)
  • Understanding Telemedicine
  • Understanding General Business Lease Agreements
  • Understanding Physician Lease Agreements
  • Emergency Services and Surprise Bills
  • Office Based Surgical Procedure Audits - How to Handle Them
  • Understanding Ambulatory Surgery Centers
  • Understanding Financial Arrangements Between Anesthesiologist and Ambulatory Surgical Centers as per the Recent OIG Opinion
  • Understanding Business Associates
  • Understanding General Business Employee Manuals
  • Understanding Physician Employee Manuals
  • Understanding Physician Advertising
  • Understanding Succession Planning
  • Understanding Prepayment Audit Reviews
  • Understanding How to Respond to a Visit from an Investigator
  • Understanding Physician Employment Contracts When Joining a Hospital
  • Understanding Chiropractor Lease Agreements and The Anti-Kickback Statute
  • Understanding the Process of Starting a Medical Practice, The Bulletin, Onondaga County
  • Understanding The Process of Merging Your Practice With A Large Mega Group or Hospital, MSSNY’s News of New York
  • Understanding Third Party Vendor Relationships, MSSNY’s News of New York
  • Understanding Physician Partnership/Shareholders’/Operating Agreements, MSSNY’s News of New York
  • Understanding IPAs
  • Understanding the Process of Starting a Medical Practice
  • Financial Arrangements Between Anesthesiologists, Ambulatory Surgical Centers and Gastroenterologists
  • Understanding the Negotiation of Managed Health Care Contracts
  • Understanding The Retail Based Clinic Debate, Westchester Physician
  • Retrospective Audits: How to Avoid Them, New York State Pediatrician, American Academy of Pediatrics
  • Understanding Asset Protection and Family Limited Partnerships, The Caduceus, Dutchess County Medical Society
  • Understanding the Issues Related to Concierge Medicine, Westchester Physician, Westchester County Medical Society
  • Understanding Physician Employment Contracts, Westchester Physician, Westchester County Medical Society
  • Understanding Partnerships, Limited Liability Companies & Corporations, Westchester Physician, Westchester County Medical Society
  • Understanding Estate Planning and Wills. The Bulletin, Medical Society Counties of Erie and Chautauqua
  • Understanding Physician Lease Agreements and The Anti-Kickback Statute, The Caduceus, Dutchess County Medical Society
  • Business Entity Formation: Choosing The Right Business Structure For Your Needs
  • Healthcare Fraud: Self-Disclosure Protocol Update, Nassau County Bar Association Journal
  • Heavy HIPAA Enforcement Efforts!
  • The 21st Century Cures Act Final Rule Has Taken Effect
  • Compliance Concerns Rise As Information Blocking Rules Become Fully Mandatory
  • Ambulatory Surgery Centers As Investments
  • Medicare Payments On Hold Pending Congressional Sequester Fix
  • OCR’ Audit Report Reveals Concerns That Continue To Guide HIPAA Enforcement
  • Client Alert: CMS And OIG Move To Expand Exceptions And Safe Harbors To Stark Law And Anti-Kickback Statute
  • NYS OMIG Streamlines Compliance Certification Requirements
  • 2020 OIG Compliance Work Plan
  • New Investigations Related To COVID-19
  • CMS Announced Expansion Of Accelerated And Advance Payments Program For Providers And Suppliers During COVID-19 Public Health Emergency
  • Stark Law Waivers Amidst COVID-19 Crisis
  • COVID-19 And The Increased Demand For Lawyers’ Expertise
  • New Medicare Rule
  • New Guidance Issued By Medicare Involving Extrapolation
  • Greenway Health, LLC Improper EHR Calculation
  • Deadline Approaching For Reporting 2018 HIPAA Breaches
  • New York’s Mandatory Compliance Program Obligation Deadline Approaching
  • Featured in the Journal of the Nassau County Bar Association June 2018: Understanding The Legal Implications Involving Management Services Organizations
  • CMS Offers Possible Settlement Option For Providers With Pending Medicare Appeals
  • Telehealth Audits To Be Added To OIG Work Plan
  • Is Your Practice Waiving or Not Collecting Co-Payments?
  • Is Your Practice Being Audited?

Professional Associations

  • National Emergency Medical Task Force, Member
  • Medical Network Resource Group, Founding Member

Practice Areas

  • Corporate
  • Transactional
  • Healthcare Law
  • Healthcare Fraud Investigations including US Attorney and Attorney General Investigations
  • Medicare and Medicaid Insurance Audits and Appeals
  • OPMC/OPD Investigations
  • Business Law
  • Commercial Litigation
  • Employment Law
  • Private Equity & Healthcare
  • HIPAA Investigations
  • Anti-Kickback and Stark Law
  • Commercial Real Estate Leases and Purchases
  • Concierge Medical Practices

Honors

  • Super Lawyers
  • Certificate of Appreciation, New York Chiropractic Counsel, 2023
  • Certificate of Appreciation, Toolkit For Independence Symposium, 2018
  • Certificate of Appreciation, New York State Osteopathic Medical Society, 2010
  • Certificate of Appreciation, NY Chapter II of the American Academy of Pediatrics, 2007
  • Certificate of Appreciation, NY Chapter II of the American Academy of Pediatrics, 2006
  • Certificate of Appreciation, New York Chapter II of the American Academy of Pediatrics, 2005
  • Counsel to Amtrak Police Surgeons Program
  • Member of National Emergency Medical Task Force
  • Founding Member of Medical Network Resource Group
  • Professional Marquis Who’s Who, 2020
  • Top Attorneys in the New York Metro Area, 2019
  • Marquis Who’s Who, 2018
  • Marquis Who’s Who, 2019
  • Albert Nelson Marquis Lifetime Achievement Award, 2018

Bar Admissions

  • New York
  • Pennsylvania
  • District of Columbia

Classes & Seminars

  • Speaker: What Do You Do if a Federal Agent or an Investigator Shows Up at Your Home or Your Office?, 04/12/2023 to Present
  • Sailing Into Practice, Employment Contract Review, Children’s Hospital at Montefiore, Bronx, N.Y., 01/10/2023 to Present
  • Speaker: Maria Fareri Children’s Hospital at Westchester Medical Center, Contracts, Audits and More, 08/11/2022 to Present
  • Speaker: 2022 National Association of Health Care Auditors & Educators, Legal Issues for Auditor Awareness, 07/28/2022 to Present
  • Speaker: DC-NP-PT Practice Integration Seminar, LaGuardia Airport at the Marriott, East Elmhurst, N.Y., 06/09/2022 to Present
  • Speaker: Ophthalmology Dept. at Rutgers Medical School, Physician Employment Contracts & How to Navigate a Physician Employment Contract, Rutgers, N.J., 03/30/2022 to Present
  • 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., 03/03/2022 to Present
  • Speaker: Psychiatric/Mental Health Nurse Practitioners, Intricacies of NP Employment Contracts, Collaborative Agreements with Physicians, and Independent Contractor Status, 07/28/2021 to Present
  • Speaker: DC-NP Integration Webinar, 04/06/2021 to Present
  • Toolkit for Independence, 03/25/2021 to Present
  • Speaker: Grand Rounds, New Legal Developments in Medicine, Woodhull Medical and Mental Health Center, Brooklyn, N.Y., 02/26/2021 to Present
  • Speaker: Contracts for Young Physicians, New York Medical College, Valhalla, N.Y., 01/06/2021 to Present
  • 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., 04/21/2020 to Present
  • Speaker: Richmond County Medical Society, Staten Island, N.Y., 04/07/2020 to Present
  • Speaker: The Pediatric Chief Residents’ Career & Leadership Curriculum, Children’s Hospital at Montefiore Medical Center, Bronx, N.Y., 03/04/2020 to Present
  • Presentation: Fraud Waste & Abuse, Woodhull Hospital, Brooklyn, N.Y., 02/28/2020 to Present
  • Physicians Legal Issues Conference: Collaboration, Integration & Innovation, The InterContinental Chicago Magnificent Mile, Chicago, I.L., 09/12/2019 to 09/14/2019
  • New York State Mandated Sexual Harassment Training, Russell’s Steaks and Chops, Williamsville, N.Y., 09/20/2018 to Present
  • Seminar: NUMC Internal Medicine Seminar Series, East Meadow, N.Y., 09/22/2017 to Present
  • Seminar: NYHQ Dental and Oral Medicine, Flushing, N.Y., 06/06/2017 to Present
  • Seminar: Stony Brook General Residency Program, Stony Brook, N.Y., 04/25/2017 to Present
  • Seminar: Winthrop Dental Discussion with Residents, Mineola, N.Y., 04/19/2017 to Present
  • Seminar: Toolkit for Independence Symposium, Farmingdale, N.Y., 02/27/2017 to Present
  • Sailing Into Practice, Lutheran Dental, New York, N.Y., 05/17/2016 to Present
  • Sailing Into Practice, NYHQ Dental Fresh Meadows, N.Y., 05/09/2016 to Present
  • HIPAA Compliance Lecture Dynamic Media Imaging Maspeth, N.Y., 05/04/2016 to Present
  • Sailing Into Practice, Kings County Hospital Dental, Brooklyn, N.Y., 04/27/2016 to Present
  • Sailing Into Practice, Montefiore Hospital Anesthesiology, New York, N.Y., 04/19/2016 to Present
  • Sailing Into Practice, New York Medical College Alumni Center, Valhalla, N.Y., 09/16/2014 to Present
  • Sailing Into Practice, Harlem Hospital Dental, New York, N.Y., 06/04/2014 to Present
  • Sailing Into Practice, Stony Brook Periodontics, Stony Brook, N.Y., 05/09/2014 to Present
  • Sailing Into Practice, King County Hospital Dental, Brooklyn, N.Y., 05/07/2014 to Present
  • Sailing Into Practice, Nassau University Medical Center PM & R, East Meadow, N.Y., 05/01/2014 to Present
  • Sailing Into Practice, Stony Brook General Dental Residency, Stony Brook, N.Y., 04/25/2014 to Present
  • Sailing Into Practice, Montefiore GPR, Bronx, N.Y., 04/22/2014 to Present
  • Sailing Into Practice, Lincoln Dental – Lincoln Hospital GPR and OMFS, Bronx, N.Y., 04/16/2014 to Present
  • Sailing Into Practice, Wyckoff Heights Medical Center Surgery, Brooklyn, N.Y., 04/10/2014 to Present
  • Prepayment Audit Review and Post Payment Audit Review Alliance of Independent Physical Therapists & Counsel of Licensed Physical Therapists. East Elmhurst, N.Y., 03/18/2014 to Present
  • Sailing Into Practice: Contracts and Avoidance of Employment Pitfall Regional Osteopathic Convention – New York (ROC-NY) 2014, Hauppauge, N.Y., 02/21/2014 to Present
  • How to Avoid the Prepayment Audit Review Wealth Edge Advisors, N.Y.C., N.Y., 09/19/2013 to Present
  • Sailing Into Practice, Montefiore Hospital, The University Hospital for Albert Einstein College of Medicine, Bronx, N.Y., 2012 to Present
  • Contract Negotiation, New York Institute of Technology, de Seversky Mansion, Old Westbury, N.Y., 2012 to Present
  • Sailing Into Practice, Westchester Children’s Hospital, Valhalla, N.Y., 2012 to Present
  • Sailing Into Practice, M&T Bank, New York, N.Y., 2012 to Present
  • Sailing Into Practice, Medical Resource Group, Garden City, N.Y., 2012 to Present
  • Sailing Into Practice, AAFS, New Orleans, L.A., 2012 to Present
  • Sailing Into Practice, AAP, District II Williamsville, N.Y., 2012 to Present
  • Negotiating Contracts, Bellevue Hospital Center, New York, N.Y., 2012 to Present
  • Sailing Into Practice, Annual Career Planning Workshop for Senior Pediatric Residents, Maria Fareri Children’s Hospital, Westchester Medical Center, Valhalla, N.Y., 09/21/2011 to Present
  • Sailing Into Practice, LIJ Medical Center Pediatrics Dentistry, New Hyde Park, N.Y., 08/03/2011 to Present
  • Accountable Care Organizations – What They Are, What They Are Not & What They May Be, All City Family Health Care, Brooklyn, N.Y., 06/16/2011 to Present
  • How to Avoid the Medicare Mouse, New Cardiovascular Horizons, New Orleans, L.A., 06/03/2011 to Present
  • Accountable Care Organizations – What They Are, What They Are Not & What They May Be, Orange County Medical Society, Washingtonville, N.Y., 05/10/2011 to Present
  • Accountable Care Organizations – What They Are, What They Are Not & What They May Be, Ulster County Medical Society, Kingston, N.Y., 05/03/2011 to Present
  • Accountable Care Organizations – What They Are, What They Are Not & What They May Be, Genesee County Medical Society, Niagara Falls, N.Y., 04/14/2011 to Present
  • Accountable Care Organizations – What They Are, What They Are Not & What They May Be, Orleans County Medical Society, Niagara Falls, N.Y., 03/30/2011 to Present
  • Accountable Care Organizations – What They Are, What They Are Not & What They May Be, Westchester County Medical Society, White Plains, N.Y., 03/29/2011 to Present
  • Practice Options & Contracting Issues, New York College of Osteopathic Medicine, Hauppauge, NY, 03/04/2011 to Present
  • Sailing Into Practice, American Academy of Pediatrics, Winthrop Hospital, N.Y., 01/13/2011 to Present
  • Understanding Physician Lease Agreements & the Anti-Kickback Statute, NYSSA (District 8), Melville, N.Y., 09/15/2010 to Present
  • Sailing Into Practice, New York Medical College – Pediatrics, Valhalla, N.Y., 07/21/2010 to Present
  • CME – Health Law Update: Asset Protection and Retrospective Audits, Westchester County Medical Society, Chappaqua, N.Y., 06/08/2010 to Present
  • Understanding Physician Lease Agreements & the Anti-Kickback Statute, New York State Podiatry Association, N.Y., 05/27/2010 to Present
  • Sailing Into Practice, American Academy of Pediatrics, Buffalo, N.Y., 04/29/2010 to Present
  • Sailing Into Practice, American Academy of Pediatrics, Rochester, N.Y., 04/28/2010 to Present
  • Practice Options & Contracting Issues, Long Island College Hospital, Brooklyn, N.Y., 04/27/2010 to Present
  • Practice Options & Contracting Issues, New York College of Osteopathic Medicine, Hauppauge, N.Y., 04/09/2010 to Present
  • Sailing Into Practice, SUNY Stony Brook, NY, 02/18/2010 to Present
  • Understanding Physician Lease Agreements & the Anti-Kickback Statute, Vision Day, New York, N.Y., 01/16/2010 to Present
  • Asset Protection, Rockland Medical Society, Rockland County, NY, 01/14/2010 to Present
  • Understanding Physician Lease Agreements & Anti Kickback Statue, 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 Statue, Queens County DPM Society, Great Neck, NY, September 17, 2009
  • Understanding Physician Lease Agreements & Anti Kickback Statute, IDTF, Business, Great Neck, NY, 09/10/2009 to Present
  • Practice Options & Contracting Issues, Long Island Jewish Hospital, New Hyde Park, NY, 09/02/2009 to Present
  • Sailing Into Practice, NY Medical College Center, Valhalla, NY, 07/23/2009 to Present
  • Perspective, NYSSA (District 3), Rye Brook, NY, 06/17/2009 to Present
  • Sailing Into Practice, Brooklyn Hospital Center, Brooklyn, NY, 05/07/2009 to Present
  • Practice Options & Contracting Issues, SUNY Downstate Kings County Hospital Center, Brooklyn, NY, 04/16/2009 to Present
  • Sailing Into Practice, New York State Osteopathic Medical Society, Hauppauge, NY, 03/27/2009 to Present
  • Practice Options & Contracting Issues Plainview Hospital, Plainview, NY, 03/20/2009 to Present
  • Practice Options & Contracting Issues (Business Formation), Medical Student Business Association, NY Medical College, Valhalla, NY, 01/22/2009 to Present
  • Sailing Into Practice, American Academy of Pediatrics, Stony Brook, NY, 01/21/2009 to Present
  • Sailing Into Practice, American Academy of Pediatrics, Bayside, NY, 01/06/2009 to Present

Education

  • Touro College Jacob D. Fuchsberg Law Center, Huntington, New York
    • J.D. – 1997
  • Binghamton University – State University of New York (SUNY), Binghamton, New York
    • B.S. – 1990

Current Employment Position

  • Shareholder / Director