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 (OPD) office of professional discipline investigation with a complete closure of the matter and no disciplinary action taken against the client.
- Successfully defended a Medicare overpayment demand at hearing and reduced the overpayment demand by $1.3 million.
- Successfully represented several clients that sold their medical practices to private equity companies.
- Successfully represented many large physician group that was on prepayment review and successfully removed the prepayment flag.
- Successfully defended a New York based Medical practice from a Centers for Medicare and Medicaid Services (CMS) Uniform Program Integrity Coordinator (UPIC) audit. The UPIC initially found an overpayment of over $1,500,000. After a favorable appeal, the overpayment has been reduced to under $12,000.
- Successfully defended ABA provider and ABA Provider is now reinstated with full billing authorization related to Optum investigation and suspension.
- Successfully appealed Workers Compensation Board termination of Physician resulting in a full reinstatement.
- Successfully appealed provider participation to Emblem Health resulting in a full reinstatement.
- Successfully defended several physicians related to Office of Professional Medical Conduct investigations resulting in a full closure of investigation with no disciplinary action.
- Successfully appealed suspension of provider billing privileges resulting in a full reinstatement.
- Successfully represented a large physician practice in False Claims Act investigation involving allegations of healthcare fraud and kickbacks; obtained resolution.
- Successfully represent healthcare practices related to HIPAA breach; obtained resolution.
- Successfully represented several healthcare practices in DOJ investigations.
- Successfully represented Durable Medical Equipment State and Federal investigations.
- Reinstated removal from prepayment review.
- Overturned overpayment demand.
- Successfully overturned multi-million-dollar Medicare and Medicaid overpayment demands.
- Successfully negotiated settlement agreements with the US Attorney’s alleged healthcare fraud.
- Successfully formed several Ambulatory Surgery Centers and Diagnostic Treatment Centers and advised clients on the Certificate of Need process.
- Successfully structured acquisition of nine healthcare facilities in addition to the purchase of the medical business and related real estate.
- Drafted and negotiated commercial lease agreements on behalf of healthcare 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 healthcare 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 OIG, OMIG, DOH, DEA, OCR, OSHA, and MAC investigations.
Published Works
- Understanding Physician Websites and Compliance
- Understanding Healthcare Billing Disputes: Navigating Legal Risks For Physicians
- How The Title of “Disruptive Physician” Can Ruin Your Career And How To Avoid It
- Medical Spas and The Danger of Delegating Laser Hair Removal to a Non-Medical Professional
- Understanding The Healthcare Fraud Investigation
- Merger and Acquisition Self-Disclosure Safe Harbor Announced
- Is Your Practice Under Investigation By The FBI, OIG, OMIG IRS OPMC or OPD?
- Merger and Acquisition Self-Disclosure Safe Harbor Announced
- Is Your Practice Waiving or Not Collecting Co-Payments?
- Is Your Practice Being Audited?
- New Requirements for Upcoming Healthcare Transactions
- Mandatory Healthcare Worker Bonus Program
- Business Entity Formation: Choosing The Right Business Structure For Your Needs
- BHeavy HIPAA Enforcement Efforts!
- Understanding Dental Employment Contracts
- The 21st Century Cures Act Final Rule Has Taken Effect
- Ambulatory Surgery Centers As Investments
- Compliance Concerns Rise As Information Blocking Rules Become Fully Mandatory
- Medicare Payments On Hold Pending Congressional Sequester Fix
- NYS OMIG Streamlines Compliance Certification Requirements
- 2020 OIG Compliance Work Plan
- Understanding Physician Employee Manuals
- New Investigations Related To COVID-19
- Understanding Private Equity Transactions In Healthcare
- 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
- Understanding the Issues Related to Concierge Medicine, Westchester Physician, Westchester County Medical Society
- Understanding The Medicare Fraud Investigation
- Understanding the Legal Ramifications Involving Medispas
- Understanding the Negotiation of Managed Healthcare Contracts
- New Guidance Issued By Medicare Involving Extrapolation
- Greenway Health, LLC Improper EHR Calculation
- Deadline Approaching For Reporting 2018 HIPAA Breaches
- Understanding Compliance
- 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
- Understanding Family Leave Benefits in New York
- Telehealth Audits To Be Added To OIG Work Plan
- Understanding Third Party Payor Audits Affecting Physicians
- Understanding EUOS and New Guidance Involving Corporate Structure
- Understanding The Process of Leaving A Large Mega Group or Hospital After a Merger
- Understanding Retrospective Audits and How to Avoid Them
- Understanding Matters Before the Office of Professional Medical Conduct (OPMC)
- Understanding the Process of Selling a Medical Practice
- Understanding Telemedicine
- Understanding Physician Employment Contracts When Joining a Hospital
- Understanding General Business Lease Agreements
- Understanding Physician Lease Agreements
- Emergency Services and Surprise Bills
- Understanding Financial Arrangements Between Chiropractors And Other Licensed Healthcare Professionals
- Understanding Physician Partnership/Shareholders’/Operating Agreements
- Office Based Surgical Procedure Audits – How to Handle Them
- Understanding Financial Arrangements Between Anesthesiologist and Ambulatory Surgical Centers as per the Recent OIG Opinion
- Understanding Ambulatory Surgery Centers
- Understanding Business Associates
- Understanding General Business Employee Manuals
- Understanding Physician Advertising
- Understanding Succession Planning
- Understanding Prepayment Audit Reviews
- Understanding IPAs
- Understanding Third Party Vendor Relationships, MSSNY’s News of New York
- Understanding The Process Of Starting A Chiropractic Practice
- Understanding How to Respond to a Visit from an Investigator
- Understanding The Process of Merging Your Medical Practice with A Large Mega Group or Hospital
- Understanding Physician Lease Agreements & The Anti-Kickback Statute
- Understanding Chiropractor Lease Agreements & The Anti- Kickback Statute
- Understanding The Retail Based Clinic Debate, Westchester Physician
- Understanding Asset Protection and Family Limited Partnerships, The Caduceus, Dutchess County Medical Society
- Understanding Estate Planning and Wills. The Bulletin, Medical Society Counties of Erie and Chautauqua
- Understanding the Process of Starting a Medical Practice
- 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
- Financial Arrangements Between Anesthesiologists, Ambulatory Surgical Centers and Gastroenterologists
- Retrospective Audits: How to Avoid Them, New York State Pediatrician, American Academy of Pediatrics
- Understanding Physician Employment Contracts, Westchester Physician, Westchester County Medical Society
- Understanding Partnerships, Limited Liability Companies & Corporations, Westchester Physician, Westchester County Medical Society
- Understanding Physician Lease Agreements and The Anti-Kickback Statute, The Caduceus, Dutchess County Medical Society
- Healthcare Fraud: Self-Disclosure Protocol Update, Nassau County Bar Association Journal
- 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
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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
Professional Associations
- National Emergency Medical Task Force, Member
- Medical Network Resource Group, Founding Member
Classes & Seminars
- Speaker: What to do When an Investigator Shows Up at Your Home or Office
- Speaker: What Do You Do if a Federal Agent or an Investigator Shows Up at Your Home or Your Office?
- Sailing Into Practice, Employment Contract Review, Children’s Hospital at Montefiore, Bronx, N.Y.
- Speaker: Maria Fareri Children’s Hospital at Westchester Medical Center, Contracts, Audits and More
- Speaker: 2022 National Association of Healthcare Auditors & Educators, Legal Issues for Auditor Awareness
- Speaker: DC-NP-PT Practice Integration Seminar, LaGuardia Airport at the Marriott, East Elmhurst, N.Y.
- Speaker: Ophthalmology Dept. at Rutgers Medical School, Physician Employment Contracts & How to Navigate a Physician Employment Contract, Rutgers, N.J.
- 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.
- Speaker: Psychiatric/Mental Health Nurse Practitioners, Intricacies of NP Employment Contracts, Collaborative Agreements with Physicians, and Independent Contractor Status
- Speaker: DC-NP Integration Webinar
- Toolkit for Independence
- Speaker: Grand Rounds, New Legal Developments in Medicine, Woodhull Medical and Mental Health Center, Brooklyn, N.Y.
- Speaker: Contracts for Young Physicians, New York Medical College, Valhalla, N.Y.
- 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.
- Speaker: Richmond County Medical Society, Staten Island, N.Y.
- Speaker: The Pediatric Chief Residents’ Career & Leadership Curriculum, Children’s Hospital at Montefiore Medical Center, Bronx, N.Y.
- Presentation: Fraud Waste & Abuse, Woodhull Hospital, Brooklyn, N.Y.
- Physicians Legal Issues Conference: Collaboration, Integration & Innovation, The InterContinental Chicago Magnificent Mile, Chicago, I.L.
- New York State Mandated Sexual Harassment Training, Russell’s Steaks and Chops, Williamsville, N.Y.
- Seminar: NUMC Internal Medicine Seminar Series, East Meadow, N.Y.
- Seminar: NYHQ Dental and Oral Medicine, Flushing, N.Y.
- Seminar: Stony Brook General Residency Program, Stony Brook, N.Y.
- Seminar: Winthrop Dental Discussion with Residents, Mineola, N.Y.
- Seminar: Toolkit for Independence Symposium, Farmingdale, N.Y.
- Sailing Into Practice, Lutheran Dental, New York, N.Y.
- Sailing Into Practice, NYHQ Dental Fresh Meadows, N.Y.
- HIPAA Compliance Lecture Dynamic Media Imaging Maspeth, N.Y.
- Sailing Into Practice, Kings County Hospital Dental, Brooklyn, N.Y.
- Sailing Into Practice, Montefiore Hospital Anesthesiology, New York, N.Y.
- Sailing Into Practice, New York Medical College Alumni Center, Valhalla, N.Y.
- Sailing Into Practice, Harlem Hospital Dental, New York, N.Y.
- Sailing Into Practice, Stony Brook Periodontics, Stony Brook, N.Y.
- Sailing Into Practice, King County Hospital Dental, Brooklyn, N.Y.
- Sailing Into Practice, Nassau University Medical Center PM & R, East Meadow, N.Y.
- Sailing Into Practice, Stony Brook General Dental Residency, Stony Brook, N.Y.
- Sailing Into Practice, Montefiore GPR, Bronx, N.Y.
- Sailing Into Practice, Lincoln Dental – Lincoln Hospital GPR and OMFS, Bronx, N.Y.
- Sailing Into Practice, Wyckoff Heights Medical Center Surgery, Brooklyn, N.Y.
- Prepayment Audit Review and Post Payment Audit Review Alliance of Independent Physical Therapists & Counsel of Licensed Physical Therapists. East Elmhurst, N.Y.
- Sailing Into Practice: Contracts and Avoidance of Employment Pitfall Regional Osteopathic Convention – New York (ROC-NY) 2014, Hauppauge, N.Y.
- How to Avoid the Prepayment Audit Review Wealth Edge Advisors, N.Y.C., N.Y.
- Sailing Into Practice, Montefiore Hospital, The University Hospital for Albert Einstein College of Medicine, Bronx, N.Y.
- Contract Negotiation, New York Institute of Technology, de Seversky Mansion, Old Westbury, N.Y.
- Sailing Into Practice, Westchester Children’s Hospital, Valhalla, N.Y.
- Sailing Into Practice, M&T Bank, New York, N.Y.
- Sailing Into Practice, Medical Resource Group, Garden City, N.Y.
- Sailing Into Practice, AAFS, New Orleans, L.A.
- Sailing Into Practice, AAP, District II Williamsville, N.Y.
- Negotiating Contracts, Bellevue Hospital Center, New York, N.Y.
- Sailing Into Practice, Annual Career Planning Workshop for Senior Pediatric Residents, Maria Fareri Children’s Hospital, Westchester Medical Center, Valhalla, N.Y.
- Sailing Into Practice, LIJ Medical Center Pediatrics Dentistry, New Hyde Park, N.Y.
- Accountable Care Organizations – What They Are, What They Are Not & What They May Be, All City Family Healthcare, Brooklyn, N.Y.
- How to Avoid the Medicare Mouse, New Cardiovascular Horizons, New Orleans, L.A.
- Accountable Care Organizations – What They Are, What They Are Not & What They May Be, Orange County Medical Society, Washingtonville, N.Y.
- Accountable Care Organizations – What They Are, What They Are Not & What They May Be, Ulster County Medical Society, Kingston, N.Y.
- Accountable Care Organizations – What They Are, What They Are Not & What They May Be, Genesee County Medical Society, Niagara Falls, N.Y.
- Accountable Care Organizations – What They Are, What They Are Not & What They May Be, Orleans County Medical Society, Niagara Falls, N.Y.
- Accountable Care Organizations – What They Are, What They Are Not & What They May Be, Westchester County Medical Society, White Plains, N.Y.
- Practice Options & Contracting Issues, New York College of Osteopathic Medicine, Hauppauge, N.Y.
- Sailing Into Practice, American Academy of Pediatrics, Winthrop Hospital, N.Y.
- Understanding Physician Lease Agreements & the Anti-Kickback Statute, NYSSA (District 8), Melville, N.Y.
- Sailing Into Practice, New York Medical College – Pediatrics, Valhalla, N.Y.
- CME – Health Law Update: Asset Protection and Retrospective Audits, Westchester County Medical Society, Chappaqua, N.Y.
- Understanding Physician Lease Agreements & the Anti-Kickback Statute, New York State Podiatry Association, N.Y.
- Sailing Into Practice, American Academy of Pediatrics, Buffalo, N.Y.
- Sailing Into Practice, American Academy of Pediatrics, Rochester, N.Y.
- Practice Options & Contracting Issues, Long Island College Hospital, Brooklyn, N.Y.
- Practice Options & Contracting Issues, New York College of Osteopathic Medicine, Hauppauge, N.Y.
- Sailing Into Practice, SUNY Stony Brook, NY
- Understanding Physician Lease Agreements & the Anti-Kickback Statute, Vision Day, New York, N.Y.
- Asset Protection, Rockland Medical Society, Rockland County, NY
- Understanding Physician Lease Agreements & Anti Kickback Statue, South Nassau Hospital DPM, Oceanside, NY
- Sailing into Practice, LIJ Medical Center Pediatrics Dentistry, New Hyde Park, NY
- Practice Options & Contracting Issues, Brooklyn Hospital, Family Medicine, Brooklyn, NY
- Understanding Physician Lease Agreements & Anti Kickback Statue, Queens County DPM Society, Great Neck, NY
- Understanding Physician Lease Agreements & Anti Kickback Statute, IDTF, Business, Great Neck, NY
- Practice Options & Contracting Issues, Long Island Jewish Hospital, New Hyde Park, NY
- Sailing Into Practice, NY Medical College Center, Valhalla, NY
- Perspective, NYSSA (District 3), Rye Brook, NY
- Sailing Into Practice, Brooklyn Hospital Center, Brooklyn, NY
- Practice Options & Contracting Issues, SUNY Downstate Kings County Hospital Center, Brooklyn, NY
- Sailing Into Practice, New York State Osteopathic Medical Society, Hauppauge, NY
- Practice Options & Contracting Issues Plainview Hospital, Plainview, NY
- Practice Options & Contracting Issues (Business Formation), Medical Student Business Association, NY Medical College, Valhalla, NY
- Sailing Into Practice, American Academy of Pediatrics, Stony Brook, NY
- Sailing Into Practice, American Academy of Pediatrics, Bayside, NY
- Speaker: Employment Contracts, Montefiore Medical Center
Education
- Touro College Jacob D. Fuchsberg Law Center, Huntington, New York
- J.D.
- Binghamton University – State University of New York (SUNY), Binghamton, New York
- B.S.