Long Island Healthcare Litigation Lawyer

Experienced Healthcare Litigation Attorney in Long Island, NY

The medical license you worked so hard for can be taken away if you fail to comply with all the legal statutes and rules for being a healthcare provider, pharmacy, hospital, or healthcare system. Healthcare compliance laws can be complicated and change on a frequent basis. If you’ve received a notice of investigation or charges, contact a Long Island healthcare litigation lawyer from Weiss Zarett Brofman Sonnenklar & Levy, P.C., today.

When you’re busy seeing patients and treating illness, there’s precious little time left to review all the state and federal regulations governing healthcare. The regulations are important to protect medical professionals, patients, and the U.S. healthcare system. The FDA (Food & Drug Administration), DEA (Drug Enforcement Administration), and HHS (Health & Human Services) all have regulatory rules and standards that must be followed.

Justice Department Takes Aim at Medical Fraud

In 2025, 50 Federal Districts and 12 State Attorney’s Offices across the U.S. collaborated on several efforts to correct medical fraud, reduce costs, and protect patients. As part of the National Health Care Fraud Takedown, criminal charges were filed against doctors, nurse practitioners, pharmacists, and other licensed medical professionals for their participation in healthcare fraud schemes, costing taxpayers over $14.6 billion.

In New York, 15 of the 96 medical professionals charged were East New York physicians and pharmacists. Medicare and Medicaid were fraudulently billed for more than $10.6 billion. The official charges include wire fraud, health care fraud, and money laundering. The group also stole the personal identities of a million elderly and disabled Americans across the U.S.

Why Choose Weiss Zarett Brofman Sonnenklar & Levy, P.C., in Long Island?

Consider hiring a Long Island healthcare litigation attorney from Weiss Zarett Brofman Sonnenklar & Levy, P.C. That way, you can focus on providing optimal healthcare for your patients rather than verifying that every action you take complies with changing and complex laws.

Our lawyers have over 30 years of experience across the full spectrum of the healthcare industry in and around Long Island. We know the New York and federal laws you need to follow. Protect your ability to care for patients. Our firm can manage compliance and healthcare laws for you.

Understanding Healthcare Litigation Laws for Fraud & Abuse

There are several laws around billing practices, preventing medical fraud, and verifying that all the processes and procedures within a healthcare business comply with regulatory standards. All the vendors and suppliers you work with, including employees who file claims for federal programs like Medicare and Medicaid, must maintain compliance.

The following are four laws that, if not followed, can lead to serious consequences. Civil fines, criminal penalties, being excluded from federal healthcare programs, and even the potential loss of your medical license are all potential penalties.

False Claims Act (FCA)

The FCA protects the government and patients from overcharges and false claims. Under the FCA, it is illegal to submit known fraudulent claims for payment from Medicare or Medicaid. Filing false claims can result in significant fines. If it is proven that the claims were filed to obtain a gift or kickback from another provider, then you’ll be charged for breaking the FCA as well as the AKS (Anti-Kickback) law.

The law does not require that you have an intent to commit fraud, only that it occurred. Any person involved can turn in another as a whistleblower and take home a portion of the fines. You can pay fines and serve time in prison.

Anti-Kickback Statute (AKS)

The AKS is a criminal law prohibiting payments to others in exchange for:

• Patient referrals
• The generation of business that involves an item or service payable by any federal health program

The law refers to providing gifts or remuneration to another for drugs, supplies, or healthcare services performed for Medicare or Medicaid patients.

Remuneration can be anything of value, like:

• Cash
• Paid vacations
• Free sporting event tickets
• Excessive compensation for services

Paying for patient referrals is illegal. You can face criminal penalties, including jail time and exclusion from participating in any federal healthcare programs. Some safe harbor practices exist to cover payments for personal services and investments.

Physician Self-Referral Law (Stark Law)

The Physician Self-Referral or Stark Law prohibits physicians from referring patients to receive designated health services, payable from Medicare or Medicaid, where the provider or a family member has a financial relationship. A financial relationship includes being an owner or investor who receives compensation. Say you invest money into a state-of-the-art imaging center. You cannot then refer patients to the facility and have them bill Medicare or Medicaid.

Designated health services include:

• Clinical lab services
• Physical therapy, occupational therapy, or outpatient speech-language services
• Radiology and other imaging
• Radiation therapy and supplies
• Durable medical equipment
• Parenteral and enteral nutrition or supplies
• Home health services
• Prosthetics, orthotics, or supplies
• Outpatient prescription drugs
• Inpatient hospital services

HIPAA Privacy and Security Rules

As a healthcare provider or system, you handle sensitive patient data called personal health information, or PHI. It is referred to as ePHI when stored in electronic devices. That data is protected by HIPAA regulations that specify how patient data is disclosed, managed, transmitted, and stored. The HIPAA Privacy Rule applies to all healthcare providers and personnel, along with the systems they use to protect medical record data.

The HIPAA Security Rule focuses on the cybersecurity systems that are used to transmit, store, or manage healthcare data in a computer system or electronic health application. All systems must meet compliance standards and use advanced technology to prevent data breaches involving patient medical records.

HIPAA regulations apply to all your business processes and those of your employees, vendors, or third-party suppliers. Performing audits and tracking compliance is a massive task for even a small provider practice.

Keep your focus on providing high-quality healthcare by hiring a healthcare litigation lawyer to protect and represent your business. Our firm can represent you in discussions with the U.S. Department of Health & Human Services, Office of Civil Rights, at the Jacob Javits Federal Building. We can address charges of non-compliance, fraud, or other allegations that threaten the business and your professional reputation.

Hire a Healthcare Litigation Lawyer From Weiss Zarett Brofman Sonnenklar & Levy, P.C.

The Long Island healthcare litigation attorneys at our firm have decades of experience in New York State and federal laws affecting the healthcare industry. Whether you are a provider, medical assistant, pharmacist, or supplier, we can help you by providing legal guidance and support for meeting healthcare regulations and laws.

When you hire a healthcare litigation lawyer from our firm, we can provide preventative solutions in contracts and business processes to maintain compliance with HIPAA and other regulations. We can negotiate and litigate, depending on what’s necessary to protect your business. Contact us today to learn more about your healthcare litigation case.