|University ||University of Miami, FLA, B.A., magna cum laude, 1972|
|Law School||University of Connecticut School of Law, J.D., with honors, 1975|
|Admitted||1975, Connecticut; District of Connecticut; 2nd Circuit Court of Appeals; United States Supreme Court|
American Bar AssociationConnecticut Bar AssociationAmerican Health LawyersConnecticut Health Lawyers
Arnold Menchel is the Chair of Halloran & Sage's Health Care practice providing advice to the full range of institutional and community based providers on reimbursement, regulatory compliance, HIPAA, and all administrative law matters.
Arnold advises hospitals, medical practices, long term care facilities and Medicare and Medicaid Contractors regarding compliance with HIPAA and various state and federal reimbursement and fraud and abuse statutes. In addition to providing advice, he also provides training on those topics. He represents hospitals and long term care facilities regarding reimbursement rate appeals and all types of providers regarding Medicaid and Medicare audits and fraud and abuse investigations. He also advises providers with respect to Department of Public Health licensing and investigations. He advises medical provider trade associations regarding state and federal laws and regulations.
Arnold joined Halloran & Sage following three decades as an Assistant Attorney General and the head of the Connecticut Attorney General's Health Care Fraud/Whistleblower/Health Care Advocacy Department. In that capacity, Arnold advised the State of Connecticut and its various agencies on a wide range of state and federal health care reimbursement issues. His experience at the Attorney General's office included successfully defending the State as lead counsel in a challenge by the Connecticut Hospital Association and its member hospitals to the Medicaid rate-setting methodology. He also successfully defended three separate cases involving long term care facilities challenging the Medicaid rate setting methodology. He also handled individual long term care rate setting matters; reimbursement and fraud enforcement matters involving institutional and community based providers including hospitals, long term care facilities, physicians, pharmacists, durable medical equipment providers and dentists, among many others. In the HIPAA context, Arnold supervised the first HIPAA enforcement case in the country brought by a State Attorney General. He also supervised the first case brought by the State under the Connecticut False Claims Act. In the Health Care Advocacy context, Arnold supervised the advocacy by the Attorney General's Office on behalf of constituents seeking appropriate coverage determinations under their health care plans and developed good working relationships with various state and federal agencies and commercial insurers.
Arnold is familiar with all aspects of administrative law ranging from drafting regulations and shepherding them through the administrative process to handling contested cases and their appeals involving many different departments, including the Department of Social Services, Public Health, Insurance and Consumer Protection and Mental Health and Addiction Services. In addition to handling administrative rate appeals, quality of care matters and licensing matters, he has appeared in state and federal trial and appellate courts.
Arnold has spoken at dozens of conferences and association meetings nationally as well as in Connecticut, for organizations including the American Conference Institute, the American Health Lawyers Association, the American Association of Health Plans, the Medicaid Management Institute, the Connecticut Bar Association, the Connecticut Health Lawyers Association, the Connecticut Society of Eye Physicians, the Visiting Nurse Associations of New England and the Connecticut Association of Long Term Care Financial Planners.
|Reported Cases||Representative Matter: Advise medical practices regarding compliance of proposed and final contracts with various state and federal fraud and abuse statutes. Arnold advises various medical practices involving issues such as whether a proposed contract would violate the Anti-Kickback statute, Stark law or the False Claims Act. One client had signed, but not implemented, a problematic contract. Arnold provided sufficient support for his opinion that the other side has not sued for breach of contract. Represent dental and medical practices regarding Department of Social Services' Medicaid audits. Arnold has represented several dental and medical practices who were audited by the Department of Social Services regarding their Medicaid billing. The audits proposed disallowing hundreds of thousands of dollars. On behalf of the practices, Arnold presented facts, documentation and legal argument to reduce or, in one instance eliminate entirely, the disallowances. Represent a medical practice in a matter involving an HHS/OIG subpoena. Arnold represents a medical practice that has been served with a subpoena by the Office of Inspector General of the United States Department of Health and Human Services. Represent a former state contractor regarding rights and obligations subsequent to termination of the contract. Arnold represents a former state contractor regarding a dispute with the former contracting agency regarding the company's rights and obligations subsequent to the termination of the contract. The Office of State Ethics is also involved. Advise a downstream Medicare Advantage company regarding compliance and training involving Medicare regulations. Arnold advises a downstream company involved with a Medicare Advantage Plan and a Medicare Part D provider regarding all aspects of compliance and training, including HIPAA, Fraud, Waste and Abuse and Compliance Training. Arnold has reviewed and revised the company's policies and procedures. He has also conducted a training session mandated by Medicare statutes and regulations for the company's employees on Fraud, Waste and Abuse and Compliance. Advise medical provider trade associations regarding state and federal laws and regulations. Arnold advises several medical provider trade associations with respect to a multitude of issues ranging from approaching the Department of Public Health regarding the potential unlicensed practice of medicine, to advising other clients regarding potential changes to state and federal statutes and regulations. Certificate of Need Obtained for Ambulatory Surgical Center; Halloran & Sage represented a single-specialty physician group with an ambulatory surgical center (ASC) in obtaining the Office of Health Care Access' (OHCA) approval of a certificate of need (CON) determination. The CON application constructed and executed by partners, Brian Enright and Arnold Menchel, was a complex arrangement involving the formation of a multi-specialty practice that included the addition of medical services, transfer of ownership, ASC expansion and equipment acquisition. Residential Care Home Represented in DPH Investigation Regarding Alleged Mishandling of Resident Funds and Medications; Halloran & Sage represented a residential care home investigated by the Department of Health involving alleged misappropriation of resident funds and improper handling of medication. Investigation involved multiple layers of negotiation with DPH and the Attorney General's Office. The investigation also included assisting the client with augmenting facility policies and procedures and preparing employment agreements of necessary staff. Halloran & Sage, led by health care law partner Arnold Menchel, successfully counseled the residential care home through complex questions regarding the investigation, facility's business affairs and negotiated for reduced penalties, limited financial auditing and extended time in meeting health care department demands. Residential Care Home Represented in DPH Investigation Regarding Alleged Mishandling of Dietary Restrictions, Recreation and Resident Funds; Halloran & Sage represented a residential care home investigated by the Department of Public Health for alleged mishandling of resident funds, dietary needs and resident recreation. Investigation involved multiple layers of negotiation with DPH and the Attorney General's office and investigation also included assisting the client with mitigating subsequent resident complaints and preparing the facility for an ownership transfer. Halloran & Sage, led by health care law partner Arnold Menchel, successfully negotiated with DPH for limiting necessity of financial auditing, reducing state intervention, and significantly decreasing civil penalties. H & S Helps Acute Care Hospital Resolve Patient Care Behavioral Health Matter; Halloran & Sage represented an acute care hospital with resolving patient care behavioral health issues. Halloran & Sage, led by health care law partner Arnold Menchel, advised hospital of state and federal law risks and steps necessary for hospital to manage patient needs. H & S Helps Acute Care Hospital with Reimbursement Matter Regarding Scheduling of Patients; Halloran & Sage represented an acute care hospital with a reimbursement matter regarding the scheduling of patients. Halloran & Sage, led by health care law partner Arnold Menchel, advising the hospital of state and federal law risks and options available for future strategic development.|
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