Francis J. Serbaroli

Shareholder
New York,  NY  U.S.A.
Phone212.801.2212

Peer Rating
 5.0/5.0
AV® Preeminent

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Experience & Credentials Ratings & Reviews
 

Practice Areas

  • Health & FDA Business
  • Pharmaceutical, Medical Device & Health Care Litigation
 
Contact InfoTelephone: 212.801.2212
Fax: 212.805.9212
http://www.gtlaw.com/People/FrankSerbaroli
 
University Fordham University, B.A., 1973
 
Law SchoolFordham University School of Law, J.D., 1977
 
Admitted1978, New York
 
Memberships 

Professional & Community Involvement

•Member, New York State Public Health Council, 1995-2010
•Vice chairman
•Member, Establishment Committee
•Chair, Special Committee on Medical Information Confidentiality
•Member, Governor's Ad Hoc Task Force, New York's Prospective Hospital Reimbursement Methodology (NYPHRM)
•Chair, New York State Bar Association, Health Law Section
•Member, Institutional Review Board, New York Academy of Medicine
•Member, Advisory Board, BNA's Health Care Fraud Report
•Member, American Health Lawyers' Association
•Member, Association of the Bar of the City of New York
•Member, Health Care Financial Management Association
•Chair, Board of Trustees, Catholic Health Care System of the Archdiocese of New York
•Member, Board of Directors, New York Catholic Foundation
•Member, American Bar Association

 
BornNew York, N.Y., 1952
 
Biography

Francis J. Serbaroli is a shareholder in the Health & FDA Business Practice of Greenberg Traurig's New York office. Frank has three decades of experience in the health care industry. His clients include health insurers and managed care plans; hospitals, nursing homes, clinics, ambulatory surgery centers and home health agencies; clinical laboratories; renal dialysis providers; faculty practice plans; pharmaceutical companies; and medical device and equipment manufacturers. He handles a wide range of corporate, regulatory, compliance, reimbursement, corporate governance, bankruptcy, antitrust and litigation matters. He also advises clients in connection with the prohibitions on the corporate practice of medicine and fee-splitting, as well as Medicare and Medicaid fraud and abuse matters.

Frank served as a member of the New York State Public Health Council from 1995 to 2010, for most of that time as the council's vice chairman. His government experience also includes three years as an Assistant Attorney General of the State of New York. He writes a regular health law column for the New York Law Journal and teaches and lectures on health care, corporate governance and not-for-profit issues.

Areas of Concentration

•Corporate
•Regulatory
•Medicare/Medicaid
•Government audits/investigations
•Compliance
•Corporate governance
•Clinical research
•Public health policy
•Bankruptcy
•Antitrust
•Litigation

Associated News & Events

Press Releases

10.21.15 74 Greenberg Traurig New York Attorneys Recognized in 2015 Edition of New York Metro Super Lawyers
08.19.15 30 Greenberg Traurig New York Attorneys Included in the 2016 Edition of Best Lawyers in America
06.08.15 100-Plus Greenberg Traurig Attorneys Recommended in The Legal 500 United States 2015 Guide to Outstanding Lawyers
05.22.15 Greenberg Traurig Attorneys, Practices Included in the 2015 Chambers USA Guide
09.24.14 65 Greenberg Traurig New York Attorneys Recognized in 2014 Edition of New York Metro Super Lawyers
08.21.14 29 Greenberg Traurig New York Attorneys Included in 2015 Edition of Best Lawyers in America
05.28.14 2014 Edition of Chambers USA Guide Recognizes Greenberg Traurig New York Attorneys
05.23.14 Greenberg Traurig Attorneys, Practices Included in 2014 Chambers USA Guide
08.21.13 27 Greenberg Traurig New York Attorneys Included in 2014 Edition of The Best Lawyers in America
06.21.13 Greenberg Traurig Ranked in 2013 Legal 500 United States Guide; Recommended as 'Top Tier' Firm in Real Estate

Published Articles

11.25.15 Courts Split on Executive Order 38 Limiting Executive Compensation
09.22.15 Court Upholds False Claims Act Suit Over Late Repayments to Medicaid
07.28.15 Another Hospital Loses Its Property Tax Exemption
05.26.15 New Law Addresses 'Surprise' Billing for Medical Services
03.24.15 Supreme Court Rules State Licensing Board Violated
01.27.15 New Anti-Kickback Law 'Safe Harbors' Proposed
11.25.14 New York Revises Certificate-of-Need Review Requirements
09.23.14 Feds Target Untimely Repayments to Medicare and Medicaid
07.22.14 A Primer on New York's Medical Marijuana Law
05.27.14 Telemedicine: Legal And Practical Considerations

Alerts

01.19.16 NYS Appellate Court Upholds Executive Compensation Order and Regulations: What Happens Next?
01.04.16 PHHPC Considers Revoking Operating Certificate of Ambulatory Surgery Center Over Low Medicaid and Charity Care Cases
12.01.15 NYS Court Invalidates Executive Compensation “Soft Cap” Regulation
11.05.15 Health & FDA Business Bulletin No.2
09.24.15 Court Holds Late Re-Payments To Medicare Or Medicaid Trigger False Claims Act Penalties
06.01.15 Health & FDA Business Bulletin
02.05.15 Court Voids Labor Department's Overtime Requirement and Narrowing of the 'Companionship' Exemption
11.19.14 Life Sciences & Medical Technology Newsletter, Fall / Winter 2014
11.10.14 OIG Proposes New Anti-Kickback Law and CMP Safe Harbors
04.30.14 New York State OMIG Releases 2014-2015 Work Plan

Articles, Publications, & Lectures

Articles

•Author, New Law Addresses 'Surprise' Billing for Medical Services, New York Law Journal, May 26, 2015
•Author, Supreme Court Rules State Licensing Board Violated Antitrust Laws, New York Law Journal, March 24, 2015
•Author, New Anti-Kickback Law 'Safe Harbors' Proposed, New York Law Journal, January 27, 2015
•Author, New York Revises Certificate-of-Need Review Requirements, New York Law Journal, November 25, 2014
•Author, Feds Target Untimely Repayments to Medicare and Medicaid, New York Law Journal, September 23, 2014
•Author, A Primer on New York's Medical Marijuana Law, New York Law Journal, July 22, 2014
•Author, Telemedicine: Legal and Practice Considerations, New York Law Journal, May 27, 2014
•Co-Author, New York State OMIG Releases 2014-2015 Work Plan, GT Alert, April 30, 2014
•Author, Court Voids Hospital Acquisition Of Physician Practice, New York Law Journal, March 25, 2014
•Author, Major Changes to Not-for-Profit Law Impact Health Care Sector, New York Law Journal, January 28, 2014
•Author, Law Restricting Nursing Home Asset Transfers Upheld, New York Law Journal, November 25, 2013
•Author, Health Department Weighs Regulating Physician Practices and Walk-In Clinics, New York Law Journal, September 23, 2013
•Author, Fee-Splitting Prohibition and Physician Practice Management Arrangements, New York Law Journal, July 23, 2013
•Author, Physician Held Liable for Disclosing Patient Information, New York Law Journal, May 28, 2013
•Author, Supreme Court Narrows 'State Action' Immunity From Antitrust Laws, New York Law Journal, March 26, 2013
•Author, Boreali v. Axelrod: The Limits of Agency Power, New York Law Journal, January 22, 2013
•Author, Legal Issues for Employer On-Site Health Clinics, New York Law Journal, November 27, 2012
•Author, Supreme Court Upholds Bulk of Health Care Reform Law, New York Law Journal, July 24, 2012
•Author, The Court Has Spoken, Leaving Congress and Voters to Be Heard, New York Law Journal, June 29, 2012
•Author, The Medicare and Medicaid Exclusion Penalty, New York Law Journal, May 22, 2012
•Author, Weighing Constitutionality of Health Care Reform Law, New York Law Journal, March 26, 2012
•Author, Internet Discounts On Health Care Services: Strictly Illegal, New York Law Journal, January 24, 2012
•Author, Inspector General's 2012 Workplan For Hospital Audits and Investigations, New York Law Journal, November 22, 2011
•Author, Law Permits Limited 'Waivers' From Corporate Practice Prohibition, New York Law Journal, July 26, 2011
•Author, When to Get Counsel Involved in Audits, Investigations and Self-Disclosures, New York Law Journal, March 22, 2011
•Author, Feds Taking Aim At In-House Lawyers, Executives, New York Law Journal, February 2, 2011
•Author, Court Upholds Medicare Exclusion Of Drug Company Lawyer And Executives, Health Lawyers Weekly, January 14, 2011
•Author, Medicaid Recovery Audit Contractors Coming Soon, New York Law Journal, November 29, 2010
•Author, Decision Strikes Medicaid Extrapolation, Upholds Strict Recordkeeping, New York Law Journal, September 28, 2010
•Author, Not Paying Your Taxes? Your Board Could Be Personally Liable, The Nonprofit Quarterly, Summer 2010
•Author, Healthcare Reform Law's Anti-Fraud Program Integrity Provisions, American Health Lawyers Association, Healthcare Reform Law Resource Guide, July 2010
•Author, State's New Council on Public Health and Planning, New York Law Journal, July 27, 2010
•Author, Health Care Reform Law's Anti-Fraud Provisions, New York Law Journal, May 25, 2010
•Author, Antitrust Enforcement of Hospital Consolidations, Law360, March 2010
•Author, Personal Liability of Hospital Board Members, Executives for Unpaid Taxes, New York Law Journal, March 23, 2010
•Author, Prohibited Business Practices by Clinical Laboratories, New York Law Journal, January 26, 2010
•Author, The Genetic Information Non-Discrimination Act of 2009, New York Law Journal, November 24, 2009
•Author, “Insurers, Hospitals Face Audits for Health Care Reform Act Surcharges,” New York Law Journal, September 30, 2009
•Author, “Health Plans: Getting Ready to Comply with 'Michelle's Law',” New York Law Journal, July 29, 2009
•Author, Handling Audits and Investigations of Health Care Providers, Part 2, New York Law Journal, May 29, 2009
•Author, DME Industry Faces Increased Oversight, Enforcement, BNA's Health Care Fraud Report, April 22, 2009
•Author, Handling Audits and Investigations Of Health Care Providers, New York Law Journal, March 31, 2009
•Author, Practical Advice When a Facility Considers Bankruptcy Protection, New York Law Journal, January 27, 2009
•Author, Offering Free Patient Transportation Poses Risks, New York Law Journal, December 10, 2008
•Author, Feds Nix Patient Referral Arrangement, New York Law Journal, September 29, 2008
•Author, Halting Payments for 'Never Events', New York Law Journal, July 31, 2008
•Author, Medical Privacy: Rights and Remedies, Part 2, New York Law Journal, March 31, 2008
•Author, Medical Privacy: Rights and Remedies, Part 1, New York Law Journal, January 30, 2008
•Author, New York Declares War on Medicaid Fraud, New York Law Journal, November 30, 2007
•Author, Issue: Hospital Investment in Ambulatory Surgery Center, New York Law Journal, September 27, 2007
•Author, Voluntary Disclosure of Medicare Fraud by Providers, New York Law Journal, May 31, 2007
•Author, Legal Guidelines for Operators of Walk-In' Clinics, New York Law Journal, March 30, 2007
•Author, Revoking a Hospital's Property Tax Exemption, New York Law Journal, January 31, 2007

Other Experience

•General counsel and chief legal officer at two university hospitals
•Assistant Attorney General of the State of New York

 
ISLN903849317
 

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NYS Appellate Court Upholds Executive Compensation Order and Regulations: What Happens Next?
Harold N. Iselin,Joshua L. Oppenheimer,Francis J. Serbaroli, February 2, 2016
On Dec. 30, 2015, the New York State Appellate Division, Second Department upheld the validity of Governor Cuomo’s Executive Order pertaining to executive compensation and administrative expenses of certain service providers (EO 38), as well as the implementing regulations. This was the first...

PHHPC Considers Revoking Operating Certificate of Ambulatory Surgery Center Over Low Medicaid and Charity Care Cases
Francis J. Serbaroli, January 12, 2016
A sometimes heated discussion at a recent meeting of New York’s Public Health and Health Planning Council (PHHPC) should be of interest to all ambulatory surgery centers (ASC) that are operating under a so-called “limited life” operating certificate and not providing enough care...

Nicholas Nanovic Program Expert at Wills for Heroes
Harold N. Iselin,Joshua L. Oppenheimer,Francis J. Serbaroli, December 16, 2015
On Nov. 13, 2015, the Albany County Supreme Court upheld New York Governor Cuomo’s Executive Order regarding executive compensation and administrative expenses of certain service providers (EO 38), as well as several aspects of the EO 38 regulations promulgated by the New York State...



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Office Information

Francis J. Serbaroli

200 Park Avenue
New YorkNY 10166




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